PUNI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition for seeking pre-arrest bail. It has been asserted that FIR No. 308 of 2023, dtd. 21/10/2023, was registered against the petitioner for the commission of offences punishable under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act (in short 'NDPS Act'). The petitioner apprehends his arrest under the FIR. The petitioner is innocent, and he was falsely implicated. He would abide by all the terms and conditions which the Court may impose. Hence, the present petition.

(2.) The petition is opposed by filing a status report asserting that the police party was on patrolling duty on 21/10/2023 towards Malana. They found a cannabis crop growing on 12 bighas of land at Bachin Thach. The plants were found to be 85000. Ten plants were retained as samples, and the other plants were destroyed. One plastic bag containing 09.700 killograms of Cannabis seeds was also recovered. The police seized the plant, a control sample of soil and the bag containing cannabis seeds. These were sent to SFSL Junga, and as per result of the analysis, soil in the roots of the plants was found to be similar to the control sample. Cannabis plants were confirmed to be cannabis plants after analysis. The police obtained the demarcation report and found that these were grown on Khasra Nos. 5, 9, 10, 11. The co- owners filed their respective affidavits stating that they had handed over the land to the petitioner for cultivation. The petitioner has absconded, and he is to be interrogated. Hence, the status report.

(3.) I have heard Mr. Kamal Kant Chandel, learned counsel for the petitioner and Mr. Ajit Sharma, learned Deputy Advocate General for the respondent/State.