RAMVIR Vs. STATE OF U P

JUDGEMENT

(1.) G. P. Srivastava, J. Heard learned Counsel for the applicant and learned A. G. A.

(2.) THE applicant was granted licence for cultivating of opium in the year 2001-2002. During the period 21-3-2002 to 3-4-2002 he collected 5. 800 Kg. opium and got weighed before the lumberdar. He handed over only 2. 76 Kg. opium. THE recovered opium was sent for chemical examination and it was found to be adulterated. Consequently, it was forfeited. As the matter involves the opium of the commercial quantity, therefore, Section 37 N. D. P. S. Act comes into play. THEre is nothing to show that no case under N. D. P. S. Act is made out against the applicant and that if he is granted bail he will not repeat the offence. If it is accepted that the opium handed over was not adulterated even then a huge amount of opium has been misappropriated by the applicant. THEre is no ground for bail. THE bail application is rejected. Application rejected. .