HARBANS LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely, Harbans Lal, who is behind the bars since 8.4.2019, has approached this Court in the instant proceedings filed under Sec. 439 of the Code of Criminal Procedure, praying therein for grant of regular bail in case FIR No.44 of 2019, dated 7.4.2019, under Sections 18- 61-85 of Narcotic Drugs & Psychotropic Substance Act ( for short 'Act'), registered at police Station, Majra, District Sirmour, Himachal Pradesh.

(2.) Sequel to order dated 28.5.2019, ASI Raj Pal has come present alongwith the record. Mr. Sanjeev Sood, 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.

(3.) Close scrutiny of the record/status report, reveals that on 7.4.2019 police party headed by ASI Raj Pal had gone to village Khara in connection with some Excise raid. After having parked their vehicle at place Jamniwala, they went on foot to village Khara and in the way, they found cultivation of poppy plants in the fields owned and possessed by the present bail petitioner. Allegedly, police found 1623 plants of poppy plants in the fields of present bail petitioner. Police after destroying 1608 plants, sent 15 plants for chemical analysis to RFSL Junga. RFSL Junga in its report termed plants sent to them to be plants of poppy. After completion of the codal formalities, police lodged FIR, as detailed hereinabove, against the bail petitioner on 7.4.2019 and since then he is behind the bars.