DHANI RAM Vs. STATE OF H.P.

JUDGEMENT

(1.) PETITIONER , who is an accused, apprehends his arrest in connection with FIR No. 144/14 registered against him under Section 18 of the Narcotic Drugs and Psychotropic Substances Act in Police Station Balh, District Mandi.

(2.) THE record, available at this stage, reveals that on the basis of a secret information about cultivation of opium poppy, Shri Chiranji Lal, Assistant Sub -Inspector/Incharge, Police Post, Rewalsar, under Police Station Balh, went to village Lehra, District Mandi and found growth of opium poppy in the fields of the accused -petitioner with the crop of onion sown there. The plants were counted in the presence of witnesses. The total plants were 59, out of it 6 were dry having cut on its seeds whereas 53 were green and in the seeds of few of such green plants also there were cut marks. The recovered plants were taken into possession and sealed in the plastic bags. The demarcation of the land also stands conducted. The accused -petitioner when interrogated has owned the land and onion crop growing therein, however, disowned the opium poppy as according to him he has never cultivated opium in the fields.

(3.) AS already noticed, at this stage, there is no evidence that the quantity of opium poppy, allegedly cultivated by the accused -petitioner and recovered by the police from the fields belonging to him, is commercial. Investigation except for receipt of report from the chemical examiner is almost complete. Therefore, I find the present a fit case where the accused -petitioner deserves to be released on bail because he is a local resident of District Mandi and being retired Range Forest Officer, is a Government Pensioner. He, therefore, has roots in the society and there is no likelihood of his fleeing away from justice or not available at the time of trial. The application, therefore, is allowed and it is ordered that in the event of the arrest of the accused -petitioner, in connection with FIR No. 144/14, Police Station, Balh, District Mandi, he shall be released on bail, subject to his furnishing personal bond in the sum of Rs.50,000/ - (fifty thousand) with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate, Mandi/any other Judicial Magistrate 1st Class at Mandi. The accused -petitioner shall further abide by the following conditions: -