BAALAM SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present Application has been filed for grant of regular bail in connection with the Case Crime No.42 of 2023, registered at police station Dharasu, District Uttarkashi under Sec. 8/18/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

(2.) As per the First Information Report, informant Kamal Kumar Lunthi, Inspector, was busy in maintaining peace and order along with other police personnel on 4/5/2023. He received a secret information about opium cultivation in some farm. On that information, the police party, Circle Officer of Police Prashant Kumar, Tehsildar Ramesh Chauhan, Revenue Sub-Inspector Manoj Singh Rana and Rajendra Arya and Excise Constable raided the farm (Khata No.227 Khasra No.9871) situated in a Tok called Bhandara Ka Sera near Harela Gad, where opium crop was found. Present applicant, Smt. Surja Devi and Smt. Balma Devi are joint owner of the said farm. As per the report of the Forensic Science Laboratory, the recovered contraband was found to be 'poppy straw."

(3.) Mr. Pawan Mishra, Advocate, contended that the present applicant is the joint owner of the said farm. He is residing 10 Km. away from the farm in-question. The said farm was barren land, therefore, applicant did not take any interest to do any work on the said farm. Applicant, aged about 75 years, is not in condition to do the farming work of the alleged recovered contraband, and, he is a permanent resident of District Uttarkashi, therefore, there is no chance of his absconding.