The court held that the applicant's presumption of innocence remains intact as the quantity of opium cultivated does not meet the commercial threshold, allowing bail under specific conditions.

JUDGMENT :

(Virender Singh, J.)

By way of the present application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘BNSS’), applicant-Prem Singh has sought his release, on bail, during the pendency of the trial, in case FIR No.33 of 2024, dated 25.09.2024, registered under Section 20 of the Narcotic Drugs & Psychotropic Substances Act (hereinafter referred to as the ‘NDPS Act’), with Police Station Chopal, District Shimla, H.P.

2. According to the applicant, he is innocent person and has falsely been implicated, in the present case, for allegedly cultivating opium plants, in his field.

3. The case of the prosecution is stated to be fragile and doubtful.

4. It has been averred in the application that the applicant is having no criminal antecedents and is ready to abide by any condition, imposed by this Court, in case, ordered to be released on bail, during the pendency of the trial.

5. According to the applicant, he had earlier tried his luck by moving similar application, before the Court of learned Special Judge-I, Shimla, District Shimla, Himachal Pradesh. However, the same was dismissed, vide order dated 29.03.2025.

6. On the basis of the above facts, a prayer has been made to allow the bail application.

7. When, put to notice, the police has filed the status report disclosing therein, that, SI Mehar Chand, ANTF FU CID, Shimla, has submitted a ruqqa to Police Station Chopal, for registration of FIR, mentioning therein that on 25.09.2024, he, along with HC Teja Singh, HHC Virender and Ct. Sushil Sagar, in official vehicle, bearing registration No.HP03-C-6970, driven by Ct. Virender Singh No.454, was on patrolling duty and duty to detect the crime relating to excise and illegal cultivation of opium, towards Kufri, Theog, Deha and Chopal.

7.1. As per the status report, when, the police party was present at Deha-Chopal link road at Chambi Tuhil, then, at about 03:30 pm, a secret information was received that Prem Singh @Pappu, S/o Sant Ram, R/o PO Jabna Tehsil Chopal, District Shimla, H.P. (applicant), has cultivated cannabis in the apple orchard and maize field, adjacent to his house. The said information was found to be authentic and reliable and in case of delay, there were chances that the said cultivation could be destroyed from the spot. As such, he has submitted the information, under Section 42(2) of the NDPS Act, to SDPO Chopal. Thereafter, he reached at the spot and contacted Halqa Patwari Rajesh Negi and also contacted Police Station Chopal for providing police help. Subsequently, Halqa Patwari reached at the spot.

7.2. It is the case of the police that when, they reached at Village Tuhil, near the house of Prem Singh (applicant), then, Halqa Patwari Rajesh Negi and Gopal Singh, S/o Tikmi Ram, were found present outside the house, adjoining to the house of Prem Singh (applicant), who were informed about the situation and action was taken in their presence.

7.3. Thereafter, said Gopal Singh, on enquiry, disclosed that the apple orchard, below the house of Prem Singh @Pappu (applicant) and the maize field on the left side, in which, cannabis cultivation has been done, belong to Prem Singh @Pappu (applicant). The said cultivation was found to be in Khasra Nos.377 and 438. The said fields were found to be in cultivating possession of Prem Singh (applicant). Total 211 plants of opium were found on the spot, out of which, 5 plants, along with roots, were uprooted and taken into possession as sample and rest of the plants were destroyed. Other codal formalities were completed.

7.4. Subsequently, ruqqa was prepared and sent to the police station and on the basis of the ruqqa, FIR, in question, has been registered. Thereafter, investigation of the case was conducted.

7.5. Five opium plants were sent to SFSL, Junga, from where, positive report was received.

7.6. It has been apprehended in the status report that in case, the applicant is ordered to be released on bail, he may again indulge