TRILOK SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present petition under Sec. 438 of the Code of Criminal Procedure is in relation to FIR No. 134/2022, dtd. 23/4/2022, registered under Sec. 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the 'NDPS Act'), at Police Station, Sadar, District Chamba, H.P.

(2.) Prosecution case is that on 23/4/2022 a police party that was on routine patrolling duty within the area of its jurisdiction received a secret information at 2.15 p.m. of cultivation of opium plants by Smt. Phiki Devi wife of late Sh. Chatro in her fields. The information was also to the effect that raid of the fields owned by Smt. Phiki Devi could result in recovery of large number of opium plants. The information was reliable, therefore, provisions of the NDPS Act were complied with. In presence of the Pradhan of the concerned Gram Panchayat and other residents of the area, the raiding party reached the spot and saw opium plants standing over the field adjoining to the home of Smt. Phiki Devi. During investigations, Smt. Phiki Devi disclosed that though she owned the land and the field in question but the same was being cultivated by her son-in-law Trilok Singh (bail petitioner). Total 324 opium plants were found cultivated in the field belonging to Smt. Phiki Devi. This led to the registration of the FIR in question.

(3.) Ad-interim protection was granted to the petitioner vide order dtd. 23/5/2022.