HEM CHAND Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court invoking provisions of Section 439 Code of Criminal Procedure (in short 'Cr.P.C.') in case FIR No.32 of 2021, dated 15.05.2021, registered in Police Station Arki, District Solan, H.P., under Section 18(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act'), for enlarging him on bail.

(2.) Status report stands filed, stating therein that during patrolling, on 15.05.2021, police party had received a reliable information at 10.15 a.m. that petitioner-accused had cultivated opium poppy in the land owned by him near his cowshed in Village Bapdon, Tehsil Arki, District Solan, H.P. Whereupon, a written information, under Section 42(2) of NDPS Act, was sent to Sub Divisional Police Officer, Darlaghat. Thereafter, police party reached the spot and found that near cowshed of petitioner, in one field, there was large scale cultivation of opium. Kumari Neha Garg, Patwari of the area and Madhu Bala, Pradhan of concerned Gram Panchayat were also called on the spot by making telephonic calls to them. After perusing revenue record, Patwari had identified the land in question in the ownership, possession and cultivation of petitioner-Hem Chand. Therefore, petitioner-Hem Chand was called on the spot, who, as per prosecution case, had admitted cultivation of opium poppy in his field, but he could not produce any licence or permit for doing so. In the presence of witnesses, total 1190 plants of opium poppy were removed from the field and were taken in to possession and seized by the police party by following the procedure.

(3.) On the basis of Rukka sent to the Police Station for registration, FIR under Section 18 of NDPS Act was registered.