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2025 DIGILAW 684 (HP)

Prem Singh v. State of Himachal Pradesh

2025-04-08

VIRENDER SINGH

body2025
JUDGMENT : (Virender Singh, J.) By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Prem Singh has sought his release, on bail, during the pendency of the trial, in case FIR No.33 of 2024, dated 25.09.2024, registered under Section 20 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Chopal, District Shimla, H.P. 2. According to the applicant, he is innocent person and has falsely been implicated, in the present case, for allegedly cultivating opium plants, in his field. 3. The case of the prosecution is stated to be fragile and doubtful. 4. It has been averred in the application that the applicant is having no criminal antecedents and is ready to abide by any condition, imposed by this Court, in case, ordered to be released on bail, during the pendency of the trial. 5. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge-I, Shimla, District Shimla, Himachal Pradesh. However, the same was dismissed, vide order dated 29.03.2025. 6. On the basis of the above facts, a prayer has been made to allow the bail application. 7. When, put to notice, the police has filed the status report disclosing therein, that, SI Mehar Chand, ANTF FU CID, Shimla, has submitted a ruqqa to Police Station Chopal, for registration of FIR, mentioning therein that on 25.09.2024, he, along with HC Teja Singh, HHC Virender and Ct. Sushil Sagar, in official vehicle, bearing registration No.HP03-C-6970, driven by Ct. Virender Singh No.454, was on patrolling duty and duty to detect the crime relating to excise and illegal cultivation of opium, towards Kufri, Theog, Deha and Chopal. 7.1. As per the status report, when, the police party was present at Deha-Chopal link road at Chambi Tuhil, then, at about 03:30 pm, a secret information was received that Prem Singh @Pappu, S/o Sant Ram, R/o PO Jabna Tehsil Chopal, District Shimla, H.P. (applicant), has cultivated cannabis in the apple orchard and maize field, adjacent to his house. The said information was found to be authentic and reliable and in case of delay, there were chances that the said cultivation could be destroyed from the spot. The said information was found to be authentic and reliable and in case of delay, there were chances that the said cultivation could be destroyed from the spot. As such, he has submitted the information, under Section 42(2) of the NDPS Act, to SDPO Chopal. Thereafter, he reached at the spot and contacted Halqa Patwari Rajesh Negi and also contacted Police Station Chopal for providing police help. Subsequently, Halqa Patwari reached at the spot. 7.2. It is the case of the police that when, they reached at Village Tuhil, near the house of Prem Singh (applicant), then, Halqa Patwari Rajesh Negi and Gopal Singh, S/o Tikmi Ram, were found present outside the house, adjoining to the house of Prem Singh (applicant), who were informed about the situation and action was taken in their presence. 7.3. Thereafter, said Gopal Singh, on enquiry, disclosed that the apple orchard, below the house of Prem Singh @Pappu (applicant) and the maize field on the left side, in which, cannabis cultivation has been done, belong to Prem Singh @Pappu (applicant). The said cultivation was found to be in Khasra Nos.377 and 438. The said fields were found to be in cultivating possession of Prem Singh (applicant). Total 211 plants of opium were found on the spot, out of which, 5 plants, along with roots, were uprooted and taken into possession as sample and rest of the plants were destroyed. Other codal formalities were completed. 7.4. Subsequently, ruqqa was prepared and sent to the police station and on the basis of the ruqqa, FIR, in question, has been registered. Thereafter, investigation of the case was conducted. 7.5. Five opium plants were sent to SFSL, Junga, from where, positive report was received. 7.6. It has been apprehended in the status report that in case, the applicant is ordered to be released on bail, he may again indulge in the same activity, may also coerce the witnesses and also may not be available for the trial. However, according to the police, investigation, in the present case, is complete and charge-sheet has been prepared, which is pending before the District Attorney for checking of documents. 8. On the basis of above facts, a prayer has been made to dismiss the application. 9. Heard. 10. However, according to the police, investigation, in the present case, is complete and charge-sheet has been prepared, which is pending before the District Attorney for checking of documents. 8. On the basis of above facts, a prayer has been made to dismiss the application. 9. Heard. 10. In this case, admittedly, the plants of opium, which are stated to have been allegedly found cultivated, on the spot, do not fall, within the definition of ‘commercial quantity’. As such, the rigors of Section 37 of the NDPS Act are not applicable, in this case. 11. Once, it has been held that the rigors of Section 37 of the NDPS Act are not applicable, in that eventuality, the presumption of innocence is still available to the applicant, as the bail application cannot be rejected merely as a matter of punishment, since, pre-trial punishment is prohibited under the law. 12. In the present case, investigation is complete and according to the status report, charge-sheet has been prepared, which is pending before the District Attorney for checking of documents. 13. Since, the chances of commencement and conclusion of trial against the applicant, in near future, are not so bright, as such, no useful purpose would be served by keeping the applicant in the judicial custody, that too, for the indefinite period. 14. Even otherwise, the applicant is the permanent resident of District Shimla and in case, he is ordered to be released on bail, it cannot be apprehended that he may not be available for the trial. 15. Except the present case, no other criminal history of the applicant has been mentioned in the status report, nor the same has been argued by learned Additional Advocate General, during the course of arguments. 16. Considering all these facts, this Court is of the view that the bail application is liable to be allowed and is accordingly allowed. 17. Consequently, the applicant is ordered to be released, on bail, in case FIR No.33 of 2024, dated 25.09.2024, registered under Section 20 of the NDPS Act, with Police Station Chopal, District Shimla, H.P., on his furnishing personal bonds in the sum of Rs.50,000/-, with one surety of the like amount, to the satisfaction of the learned Judicial Magistrate First Class, Chopal, District Shimla, H.P. 18. This order, however, shall be subject to the following conditions:- a) The applicant shall make himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing the appropriate application; b) The applicant shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever; c) The applicant shall not make any inducement, threat or promises to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or the Police Officer, and d) The applicant shall not leave the territory of India without the prior permission of the Court. 19. Any of the observations, made hereinabove, shall not be taken, as an expression of opinion, on the merits of the case, as these observations are confined, only to the disposal of the present bail application. 20. It is made clear that the respondent-State is at liberty to move an appropriate application, in case, any of the bail conditions, is found to be violated by the applicant. 21. The Registry is directed to forward a soft copy of the bail order to the Superintendent of Jail, Kaithu Jail, Shimla, Himachal Pradesh, through e-mail, with a direction to enter the date of grant of bail in the e-prison software. 22. In case, the applicant is not released within a period of seven days from the date of grant of bail, the Superintendent of Jail, Kaithu Jail, Shimla, Himachal Pradesh, is directed to inform this fact to the Secretary, DLSA, Shimla. The Superintendent of Jail, Kaithu Jail, Shimla, Himachal Pradesh, is further directed that if the applicant fails to furnish the bail bonds, as per the order passed by this Court, within a period of one month from today, then, the said fact be submitted to this Court.