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2017 DIGILAW 1742 (RAJ)

Kalu Lal v. State Of Rajasthan

2017-08-04

BANWARI LAL SHARMA

body2017
JUDGMENT ORDER Banwari Lal Sharma, J. - The present Misc bail application under section 439 Cr.P.C., 1973 is preferred by the Accused/petitioner in the matter of FIR No. 72/2017 registered at Police Station Bonli, District Sawai Madhopur, for offences punishable under Sections 8/18, 8/15, 8/17 and 8/29 of N.D.P.S. Act. 2. Learned counsel for petitioner submits that petitioner is a labour, neither he was in possession of opium nor the crop of opium, he was called by the land holder for cutting the crop, he was not in possession of any contraband, therefore provision enshrined in Section 37 of NDPS Act is not applicable in the case of present petitioner. Petitioner is in custody since 26.02.2017, investigation has been completed and charge-sheet has already been filed, therefore petitioner may be released on bail. 3. On instructions of Investigating Officer Mr. Subhash Chand Mishra, CI, PS Sawai Madhopur, learned Public Prosecutor submits that it is true that petitioner was hired for cutting the crop of opium but he should have informed the Police regarding opium crop as per Section 46 of NDPS Act, but he failed to comply the Section 46 of NDPS Act, therefore his bail application may be dismissed. 4. I have considered the submissions made at bar. 5. From the bare perusal of Section 46 of NDPS Act, it reveals that it is duty of land holder to give information of illegal cultivation of contraband. Admittedly, petitioner is not the land holder, therefore aforesaid provision is not applicable in the case of present petitioner, there is no allegation regarding cultivation of contraband opium, further he is not the land holder, he is simply a labour, therefore without going into merit and demerit of the case and considering the overall facts and circumstances of the case, I am inclined to grant benefit of bail to the accused-petitioner. 6. Consequently, the bail application filed under Section 439 Cr.P.C., 1973 is allowed. 7. Therefore, it is ordered that the accused-petitioner Kalu Lal S/o Madho Lal in FIR No. 72/2017 registered at Police Station Bonli, District Sawai Madhopur, shall be released on bail; provided he furnishes a personal bond of Rs. 1,00,000/- and two surety bonds of Rs. 50,000/- each to the satisfaction of the learned trial court with the stipulation to appear before the Trial Court on all dates of hearing and as and when called upon to do so.