Allowed pre-arrest bail under Section 20 NDPS Act for petitioner, a co-owner of land where cannabis was found, noting that evidence against him relies only on co-owners' unproven statements and investigation is complete.
Release on bail in sum of Rs. 1,00,000/- with one surety on personal bond subject to specific conditions.
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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr. M.P.(M) No. 2612 of 2022 Decided on: 06.12.2022
Raju Ram ......Petitioner
Versus
State of Himachal Pradesh …...Respondent
Coram
The Hon’ble Mr. Justice Satyen Vaidya, Judge.
Whether approved for reporting?1
For the petitioner: Mr. Loveneesh Thakur, Advocate. For the respondent: Mr. Desh Raj Thakur, Addl. A.G., with Mr. Narender Thakur, Dy. A.G.
Satyen Vaidya, Judge (Oral).
The petitioner has prayed for grant of pre-arrest bail in case FIR No. 72 of 2022, dated 07.07.2022, under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, (for short ‘ND&PS Act’, registered at Police Station, Padhar, District Mandi, H.P.
petition are that on 07.07.2022 ASI Desh Raj alongwith C.
1Whether the reporters of Local Papers may be allowed to see the judgment? Yes.
2
Madan Lal No. 473 and driver of vehicle No. HP-33E-7586 LHC Vishal No. 755 were on routine patrol duty towards Ropa, Kashla and Kathog. When they reached at Ropa School at about 12.30 p.m., they met Area Kanungo Sh. Devki Nandan and Halqua Patwari Patwar Circle Batehar Sh. Rakesh Kumar, who informed that the road was blocked. They left the vehicle there. ASI Desh Raj alongwith police officials and officials of revenue department went towards village Kashla and Hurang. At about 3.00 p.m. when they reached at place Galunalla near Hurang, they noticed cannabis plants in the field. Total 15000 plants of cannabis were found planted. 10 plants were preserved for sample and remaining 14990 plants were destroyed on spot. On preliminary verification from the revenue records, it was found that the land on which the cannabis was planted, comprised in Khasra No. 973. Case was registered and investigation was carried out. Khasra No. 973 was found to be owned by the various co-owners including the petitioner as one of them.
the basis of version of other co-owners to the effect that in
3
family settlement, Khasra No. 973 had fallen to the share of the petitioner. The investigation is stated to be complete and challan is left to be prepared and filed in the Court.
have also gone through the records of the case carefully.
4
Khasra No. 973, no other evidence is available against the petitioner. The record reveals that Khasra No. 973 is recorded as co-owned and jointly possessed by various coowners. The vague averments about the land comprised in Khasra No. 973 having fallen to the share of petitioner are not borne out from the records.
5
6
uninfluenced by any observation made hereinabove.
Petition stands disposed of.
6th December, 2022 (Satyen Vaidya) (GR) Judge
(GR)
2 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail in an NDPS case where evidence against him is solely based on the version of co-owners.
Whether pre-trial incarceration serves any fruitful purpose in the facts and circumstances of the case.
1 provisions across 1 enactments
Raju Ram
State of Himachal Pradesh
Satyen Vaidya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
