TEKU Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner has approached this Court, invoking provisions of Sec. 438 Code of Criminal Procedure (in short "Cr.P.C.'), seeking bail in case FIR No.45 of 2021, dtd. 4/5/2021, registered in Police Station Padhar at Darang, District Mandi, H.P., under Sec. 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act').

(2.) Status report stands filed. Record produced and perused.

(3.) It is stated in the Status Report that on 3/5/2021, when the police party, headed by Investigating Officer HC Om Prakash No.154 of Police Station Padhar, District Mandi, Himachal Pradesh, was present in the illaqua of Jhatingri, Tikkan, Barot, etc., in connection with detection of crime, at about 3.45 p.m., it met with another police party, headed by ASI Sher Singh, Incharge SIU Mandi, who were also going towards Marh illaqua in connection with detection of crime relating to cultivation of opium. Thereafter, a joint police party was formed by associating Patwari Suresh Kumar, Helper Mohan Singh and Jogender Pal (Pradhan of Gram Panchayat Latran) and another person namely Ganesh Kumar and when the police party reached Madhurwan, it found illegal cultivation of opium, and thereafter, ASI Sher Singh directed HC Tek Chand to check the 17 fields, which were on the upper side, and also directed HC Pradeep Kumar to check the eight fields which were on the lower side, and on checking these fields, 21500 plants of opium were found. These fields were bearing different Khasra Numbers. When the Patwari was asked to identify the ownership of the fields, he showed his inability to do so as there was dark and bad weather, due to which he was unable to read the revenue record. It is further in the report that a letter for permission to destroy the opium cultivation was sent on WHATSAPP to the SDPO Padhar, on which the SDPO directed to destroy the opium plants after retaining samples.