DEVI CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) By this application under Sec. 439 of the Code of Criminal Procedure,1973 ("the Code" for short) the petitioner seeks his release on bail for the commission of the offence under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("the Narcotic Drugs And Psychotropic Substances Act" for short).

(2.) As per the prosecution, petitioner is the lessee of one Premi Devi of village Khaknal Teh. and distt. Kullu. It is alleged that petitioner being a lessor had agreed to raise an apple orchard on the land owned and possessed by her.However, the petitioner, instead of raising apple orchard, cultivated cannabis plant. On secret information having been received by the police, they conducted raid and took into possession over 45 quintals of the aforesaid prohibited standing plaints from the field in possession of the petitioner. This agreement was allegedly entered into between the petitioner and Smt. Premi Devi on April 28, 1994. The Police has investigated the case and collected the material in the shape of statement of Smt. Premi Devi, the owner and possessor of the land in question and photographs of the fields located nearby the house of the petitioner. One of the photographs indicates three persons standing in the compound of the house aforesaid and it is stated that the person standing in the centre is alleged to be the petitioner. Besides, a tatima has been got prepared of the land wherefrom the aforesaid prohibited article was seized by the police during investigation.

(3.) Petitioner has disclaimed the ownership or possession of the land in question. No doubt, material collected by the police indicates the house of the accused by the side of the filed wherein standing cannabis plants are reflected but it by itself does not show that the petitioner is either the owner or possessor of the fields in question. Even the perusal of the agreement entered into between Premi Devi and the petitioner refers to the land owned and possessed by the latter. Admittedly, prohibited articles have been taken into possession by the police from the land allegedly encroached upon by Smt. Premi Devi. Shri H.L. Karwa, learned Asstt. Advocate General, has stated at the bar, on the instructions received from Shri S.R. Rana, SHO, P.S. Manali that encroachment proceedings as envisaged under Sec. 163 of the H.P. Land Revenue Act have also been initiated by the State against Smt. Premi Devi only. Apart from the above, there is no other material indicating he ownership or possession of the fields wherefrom the prohibited article (cannabis plants) have been seized by the police.