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2019 DIGILAW 1378 (RAJ)

Kishan Lal v. State of Rajasthan

2019-05-06

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material available on record. 2. The petitioner has been arrested in FIR No. 63/2019 of Police Station Rashmi, District Chittorgarh for the offences punishable under Sections 8/15 and 8/18 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that as per the prosecution story, the police party raided the agriculture field of the petitioner and recovered 9 kgs. of opium milk and 2 quintal 19 kgs. 800 grms. of poppy straw in the possession of petitioner. Learned counsel for the petitioner has submitted that the petitioner is the patta holder and authorized to grow opium. It is submitted that the 9 kgs. of opium is produced by the petitioner as per the patta issued by the Central Government and the 2 quintal 19 kgs. 800 grms. of poppy straw is the residue of the same. Learned counsel for the petitioner has submitted that as the petitioner is the patta holder and authorized to grow the opium, case filed by the police against the petitioner is without any authority and he has falsely been implicated in this case. 4. Learned Public Prosecutor has opposed the bail application of the petitioner and submitted that the huge quantity of opium milk and poppy straw have been recovered from the petitioner and the investigation is going on. It is submitted that at this stage it cannot be concluded that the opium and poppy straw recovered from the petitioner are not illegal and the petitioner is authorized to grow huge quantity of opium and poppy straw or is able to yield huge quantity of opium and poppy straw from the land for which patta is issued in his favour. Learned Public Prosecutor has, therefore, submitted that at this stage the petitioner is not entitled to be enlarged on bail. 5. Learned Public Prosecutor has, therefore, submitted that at this stage the petitioner is not entitled to be enlarged on bail. 5. After taking into consideration the arguments advanced by learned counsel for the petitioner as well as learned Public Prosecutor, I am of the opinion that at this stage it is very difficult to conclude that the opium and the poppy straw recovered from the petitioner by the police is not illegal and the petitioner is authorized to grow huge quantity of opium milk and poppy straw from the land for which the patta is issued in his favour. The said fact can only be established after investigation, which is going on. 6. Having regard to the totality of the facts and circumstances of the case and looking to the nature of accusation and gravity of the offence, without expressing any opinion on the merits of the case, I am not inclined to grant bail under Section 439 Cr.P.C. to the petitioner. 7. Accordingly, the bail application preferred by the petitioner under Section 439 Cr.P.C. is rejected.