O R D E R

Petitioner has approached this Court seeking bail in case FIR No. 53 of 2021, dated 12.5.2021, registered in Police Station Padhar, District Mandi, H.P., under Section 18 of Narcotic Drugs and Psychotropic Substances Act (for short “NDPS Act”).

2. Status report stands filed. Record was also made available.

3. It is stated in the status report that petitioner has joined the investigation and nothing is to be recovered from him. According to status report Police party during patrolling on 12.5.2021, noticed illegal cultivation of opium whereupon Pradhan Gram Panchyat, Patwari Halka concerned were informed and summoned on the spot. Patwari Soma Devi expressed her inability to reach on the spot, as she was having six months old baby and had joined duties two days before after availing maternity leave, but she informed about it to Beat Kanungo, who came on the spot accompanied by his assistant alongwith record. Because of bad weather and inability to read the revenue record, Kanungo could not identify Khasra numbers of the land in reference in which about seven lakh opium plants were found cultivated. All plants were uprooted and after keeping 10 plants as sample, rest of plants were destroyed on the spot. Later on, on the basis of jamabandi, it came in the notice of Police that opium plants were cultivated on the land comprised in Khasra Nos. 2923 to 2953 by all owners of the said land, who were not found in their houses or other places, as they had fled from the spot to avoid their arrest.

4. During investigation, Tek Chand brother of petitioner was also interrogated and arrested, who has been enlarged on bail on 23.5.2022 by Special Court, Sarkaghat.

4. According to the status report, investigation in the case is complete and challan is likely to be presented in the court very soon. Neither there is prayer for custodial interrogation of the petitioner nor any case is made out for the same.

5. Considering the entire facts and circumstances of the case, petitioner is ordered to be enlarged on bail in present case subject to furnishing personal bond in the sum of 1,00,000/- with one surety in the like amount to the satisfaction of Trial Court within a period of two weeks from today and also subject to following conditions:-

(i) That the petitioner shall make himself available to the Police or any other Investigating Agency or Court in the present case as and when required;

(ii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;

(iii) that the petitioner shall not obstruct the smooth progress of the investigation/trial;

(iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;

(v) that the petitioner shall not misuse his liberty in any manner;

(vi) that the petitioner shall not jump over the bail;

(vii) that he shall keep on informing about the change in address, landline number and/or mobile number, if any, for his availability to Police and/or during trial;

(viii) he shall not lave India without permission of the Court.

(ix) In case petitioner is again found to have involved in commission of similar offence or any other offence related to NDPS Act, in such eventuality, his bail in present case shall be liable to be cancelled, on taking appropriate steps by the prosecution.

6. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner, enlarged on bail, as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.