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2025 Supreme(HP) 606

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RAKESH KAINTHLA
Ram Singh – Appellant
Versus
State of H.P. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Arsh Chauhan.
For the Respondent:Mr. Jitender K. Sharma, Additional Advocate General.

JUDGMENT :

Rakesh Kainthla, J.

The petitioner has filed the present petition seeking pre-arrest bail in connection with FIR No.06/2024 dated 05.06.2024, registered for the commission of an offence punishable under Section 18 of Narcotic Drugs and Psychotropic Substances Act (NDPS) at Police Station State Vigilance and Anti-Corruption Bureau (SV&ACB), District Kullu, H.P. As per the prosecution case, the police party went to village Bhatakral and found opium plants growing on Khasra No. 274 measuring 12 Biswas in Muhal Karal, owned by the petitioner. The land was given to Nirat Ram in the family arrangement and did not belongto the petitioner. The police seized opium plants and sent them to FSL for analysis. The petitioner is not directly involved in the cultivation of opium. No recovery was effected from the petitioner. The petitioner does not have any criminal antecedents. The petitioner would abide by the terms and conditions which the Court may impose, therefore, it was prayed that the present petition be allowed and the petitioner be released on bail.

2. A perusal of the FIR shows that the police party found 1800 opium plants in Khasra No.274 measuring 12 Biswas situated at Muhal

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