AVTAR SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner [Avtar Singh], has come up before this Court, seeking pre-arrest bail, under Sec. 438 of the Code of Criminal Procedure [hereinafter referred to as Cr.P.C] originating from the FIR No. 33 of 2024 dtd. 30/3/2024, registered at Police Station Gagret, District Una [H.P.], under Sec. 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (referred to as the NDPS Act).

(2.) Case set up by Mr. Lakshay Parihar, Learned Advocate, is that the Deputy Superintendent of Police [Probationer] alongwith other police personnel, were on patrolling-checking duty with respect to Illicit Liquor, Narcotics and Illicit Mining in their Government vehicle bearing registration No. HP72C-0819 towards village Kaloh, Tehsil Ghanari, District Una, Himachal Pradesh. While the police party was on patrolling/checking duty, as referred to above, secret information was received by the police at about 3:00 P.M on 30/3/2024 that the bail-petitioner had cultivated Opium [Afim-Dode] on his adjacent- adjoining land by fencing the same, leading to the registration of FIR No.33 of 2024, dtd. 30/3/2024 against the bail petitioner.

(3.) Upon issuance of notice by this Court on 3/4/2024, this Court had directed the State Authorities to file the Status Report. However, in view of the averments in the bail petition, this Court granted interim bail on 3/4/2024.