BHAG SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail applications have been moved by the petitioners under Section 438 of the Code of Criminal Procedure for releasing them on bail, in the event of their arrest, in case FIR No. 51 of 2018, dated 01.05.2018, under Section 18 of the ND&PS Act, registered in Police Station Padhar, District Mandi, H.P.

(2.) As per the averments made in the petitions, the petitioners are innocent and have been falsely implicated in the present case. They are residents of the place and neither in a position to Whether reporters of Local Papers may be allowed to see the judgment? Yes. tamper with the prosecution evidence nor in a position to flee from justice, so they may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 01.05.2018, at about 09:00 p.m. police found cultivation of opium in six fields in village Kathog. Police photographed and videographed the cultivation of opium. Sample plants were kept for scientific analysis and rest of the cultivation was destroyed. Police completed all the formalities and registered a case. Police prepared the spot map and recorded the statements of the witnesses. Sample plants were sent for scientific analysis to SFSL, Junga, and as per the report the same were opium poppy plants. The land, whereupon cultivation was being done, was got demarcated from the revenue agency. The petitioners and others were found owners of the land whereupon opium was being cultivated. The petitioners are joining the investigation. Lastly, the prosecution has prayed that the petitioners were found involved in a serious offence and in case they are enlarged on bail, at this stage, they may tamper with the evidence and may also flee from justice, so the applications may be dismissed.