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JYOTSNA REWAL DUA, J. –

The petitioner seeks anticipatory bail in FIR No.58/2022, dated 13.09.2022, registered at Police Station Chopal, District Shimla, H.P., under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’). Interim protection was granted to the petitioner vide order dated 22.05.2023 subject to the terms and conditions mentioned in the order.

2. The respondent has filed the status report and also produced the record.

3. The gist of the prosecution case against the petitioner is that he had cultivated 278 plants of cannabis over Khasra No.393, Up-mohal Tuiil. These plants were detected by the Investigating Agency on 13.09.2022, which led to registration of the FIR in question.

As per the status report, demarcation of the area was got conducted by the respondent on 28.03.2023, which revealed that khasra number in question though is in possession of the petitioner, but is under the co-ownership of several individuals. Status report further records that in terms of the interim order dated 22.05.2023, the petitioner has joined the investigations and is co-operating with the Investigating Agency. During investigations, he is stated to have disclosed having cultivated the cannabis plants for using them in ‘Siddu’ and ‘Moodi’. This is disputed by learned counsel for the petitioner. According to learned counsel for the petitioner, the petitioner had not been residing in the area in question. He was neither in exclusive ownership nor in possession of the land. The maintenance of the land in question was entrusted to a person of Nepali origin.

4. Learned Additional Advocate General on the basis of instructions imparted by ASI Chaman Lal, Police Station Chopal, District Shimla, fairly submitted that investigation in the matter is now complete. No recovery remains to be effected from the petitioner. Custodial interrogation of the petitioner is not required by the Investigating Agency.

5. Taking into consideration the fact that the land in question is co-owned by several persons including the petitioner, the submissions made by learned Additional Advocate General that custodial interrogation of the petitioner is not required by the Investigating Agency and keeping in view all other attending factors, the petitioner has made out a case for confirmation of the ad-interim order dated 22.05.2023. Accordingly, this petition is allowed. The interim protection granted to the petitioner vide order dated 22.05.2023 is made absolute subject to following conditions:-

(i). The petitioner shall join and cooperate with the investigation of the case as and when called for by the Investigating Officer in accordance with law.

(ii). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.

(iii). The petitioner will not leave India without prior permission of the Court.

(iv). The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.

(v). In case the petitioner is put to trial, then he shall attend the trial on every hearing, unless exempted in accordance with law.

(vi). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any.

In case of violation of any of the terms & conditions of the bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned Trial Court shall decide the matter without being influenced by any of the observations made hereinabove.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous application(s), if any.

Order accordingly.

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