DINESH BHAROTA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner seeks anticipatory bail in FIR No.58/2022, dtd. 13/9/2022, registered at Police Station Chopal, District Shimla, H.P., under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'NDPS Act'). Interim protection was granted to the petitioner vide order dtd. 22/5/2023 subject to the terms and conditions mentioned in the order.

(2.) The respondent has filed the status report and also produced the record.

(3.) The gist of the prosecution case against the petitioner is that he had cultivated 278 plants of cannabis over Khasra No.393, Up-mohal Tuiil. These plants were detected by the Investigating Agency on 13/9/2022, which led to registration of the FIR in question. As per the status report, demarcation of the area was got conducted by the respondent on 28/3/2023, which revealed that khasra number in question though is in possession of the petitioner, but is under the co-ownership of several individuals. Status report further records that in terms of the interim order dtd. 22/5/2023, the petitioner has joined the investigations and is co-operating with the Investigating Agency. During investigations, he is stated to have disclosed having cultivated the cannabis plants for using them in 'Siddu' and 'Moodi'. This is disputed by learned counsel for the petitioner. According to learned counsel for the petitioner, the petitioner had not been residing in the area in question. He was neither in exclusive ownership nor in possession of the land. The maintenance of the land in question was entrusted to a person of Nepali origin.