RATI RAM Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Sequel to order dated 1.6.2018, ASI Jai Chand, Police Station, Padhar, District Mandi, H.P., has come present alongwith the record. Mr. Dinesh Thakur, learned Additional Advocate General, has also placed on record status report, prepared on the basis of the investigation carried out by the Investigating Agency. Record perused and returned.

(2.) Mr. Dinesh Thakur, learned Additional Advocate General, on the instructions of the Investigating Officer, who is present in Court, fairly states that bail petitioner has joined investigation in terms of order dated 1.6.2018 and is fully cooperating with the investigating agency. Mr. Thakur, further states that at this stage nothing is required to be recovered from the bail petitioner and as such, his custodial interrogation is not required and he can be ordered to be enlarged on bail subject to the condition that he shall make himself available for investigation and trial as and when called by the investigating agency.

(3.) Having carefully perused the record/status report, this Court finds that FIR No.51 of 2018, dated 1.5.2018 under Sections 18 6185 of the Narcotic Drugs and Psychotropic Substances Act, came to be registered against the bail petitioner at police Station, Padhar, District Mandi, H.P., on the basis of secret information received by the police to the effect that the bail petitioner indulged in illegal cultivation of poppy substance i.e. opium. Allegedly, police confiscated 2000 plants of poppy, illegally cultivated by the bail petitioner on his fields. As per record/status report, police after having drawn samples, destroyed illegal cultivation of poppy plants. Report of FSL further suggests that plants allegedly confiscated by the Investigating Agency are the sample of opium poppy plants and falls within the definition of prohibited drugs, as defined under Narcotic Drugs and Psychotropic Substances Act.