JUDGMENT 1. - This bail application under section 439 Cr.P.C. has been filed on behalf of petitioner Salim Khan against whom investigation is pending at P.S. Dag, District Jhalawar for the offence under section 8/18 of NDPS Act in FIR No. 105/99. 2. Learned counsel for the petitioner has contended that this totally false and baseless case has been fasted against the petitioner by complainant Shanker Lal due to non-payment of part of sale money of land Khasra No. 2476 which he had sold to him and handed over the possession thereof to him. He has referred to the statement of Shanker Lal, the complainant recorded u/s 161 Cr.RC. and has submitted that his aforesaid contention is fully borne out by his own statement. The petitioner had grown opium crop in his own field bearing Khasra No. 2859 for which he had obtained patta from the competent authorities and on inspection by the concerned authorities the crop was found grown on that field. He has submitted that if the crop had been grown on other field than the one for which patta was issued, the concerned authorities would have got the crop destroyed or would have immediately proceeded against him for such a violation but this has not been done. He has deposited the entire produce of opium with the concerned authorities as per the prescribed norms and there was no short fall of opium produce against him. He has also submitted that the.police had initially submitted final negative report in the matter, but later on the investigation has been reopened and is still pending and the petitioner is in custody since 27.11.2002. 3. The learned PR has opposed the bail application and has submitted that the petitioner is primafacie liable for violation of Rules 8 and 9 of the NDPS Rules, 1985 for which offences same punishment is prescribed as for possession of contraband article. So he ought not be released on bail. 4. I have considered the rival submissions made at the bar and have also perused the case diary. So he ought not be released on bail. 4. I have considered the rival submissions made at the bar and have also perused the case diary. It may not be appropriate, just and reasonable to express any opinion or to make any comment on the merits of the case at this stage, but looking to the peculiar facts and circumstances of the case and the fact that the petitioner was admittedly an authorised cultivator of opium for the year 1998-99 for which year he had deposited the entire opium produce with the concerned authorities and keeping in view the statements of complainant Shanker Lal himself recorded u/s 161 Cr.RC. I deem it just and proper to enlarge the petitioner on bail. 5. In the result, this bail application is allowed and it is directed that petitioner Salim Khan S/o Shri Inamulla Khan shall be released on bail on his furnishing a personal bond in the sum of Rs. 50,000/- together with two sureties in the amount of Rs. 25,000/- each to the satisfaction of the trial court for his appearance before that Court on each and every date of hearing until conclusion of trial.Bail application allowed. *******