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2011 DIGILAW 1287 (MP)

Guttu v. Govt. of India

2011-11-14

RAKESH SAKSENA

body2011
JUDGMENT : Rakesh Saksena, J.:- According to prosecution, on 25.2.2011, the preventing party of Central Bureau of Narcotics detected accused persons cultivating opium and cannabis plants in their agricultural fields in village Nepri, Tehsil Kailaras, District Morena. After following the requisite formalities, Inspector Y.P. Singh along with his squad arrested applicant Hukma at the field and found 309 plants of cannabis being cultivated in his field. It was also found that 557 plants were being cultivated and recovered from the field of applicant Kamal Singh. Though on 25.2.2011 Kamal Singh, Guttu and Banti were not present at the spot but when they appeared before the Inspector, 281 cannabis plants were seized from the field of Guttu and 339 cannabis plants were seized from the field of accused Banti. Hukma was arrested on 25.2.2011, Kamal Singh was arrested on 28.2.2011, Guttu and Banti were arrested on 5.3.2011. The statements of accused persons were also recorded under section 67 of the NDPS Act. On chemical analysis of the plants, it was confirmed that the plants were of cannabis spicies. Learned counsel for the applicants submits that applicants are permanent residents of village Nepri District Morena. Though it has been alleged that in the past also they were cultivating contraband plants but the evidence in that regard was doubtful. Learned counsel further submits that these plants were growing adjacent to their fields on the bank of river but were not growing in their fields. Applicants are permanent residents of District Morena. There is no past criminal record against them. There is no likelihood of their repeating the offence or their absconding. Counsel further pointed out that under section 37 of the NDPS Act, there is no restriction for grant of bail to applicants for the offence under sections 8/20-A and 8/29 of the NDPS Act. Learned counsel for the respondent - Union of India have vehemently opposed the prayer of bail on the ground that large quantity of cannabis plants were found growing in the fields of applicants. Counsel have also submitted an affidavit of one Jakir Hussain, Assistant Narcotics Commissioner for opposing the bail application. Learned counsel for the respondent - Union of India have vehemently opposed the prayer of bail on the ground that large quantity of cannabis plants were found growing in the fields of applicants. Counsel have also submitted an affidavit of one Jakir Hussain, Assistant Narcotics Commissioner for opposing the bail application. It is true that though number and quantity of plants found growing in possession of the fields of applicants is quite large, but in view of the fact that applicants are local residents they hold agricultural property in village Nepri, they are in custody since the month of February and March, 2011, there is no restriction under Section 37 of NDPS Act and that the conclusion of trial is likely to take quite sometime, this application is allowed. It is directed that applicants be enlarged on bail on their furnishing personal bond in the sun of Rs. 1 Lac (Rupees One Lac) with a solvent surety in the like amount each to the satisfaction of the trial Court for their regular appearance in the trial. Certified copy as per rules.