SHIVAJI SAHEBRAO DESHMUKH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL the applications are filed for bail except Criminal Application No.2488/12, which is filed for quashing of F.I.R. Chargesheets are filed against the applicants for offences punishable under section 8(a), 15(b), 18, 46 etc. of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("N.D.P.S. Act, 1985" for short). In last three applications the charge is also for section 29 of N.D.P.S. Act, 1985. All the advocates representing the applicants are heard and A.P.P. is also heard. The papers of investigation were made available by A.P.P. It can be said that only some papers were produced and the applicants have also not taken care to produce all the papers, which must have been filed along with chargesheet.

(2.) THE last three applications are filed by the purchasers of opium and the remaining applications are filed by the farmers, from whose field the opium came to be recovered and seized. There is allegation against the farmers that they were cultivating the opium in their fields.

(3.) THERE was specific information that some farmers from village Moha, Vanjarwadi had cultivated opium poppy (referred as 'opium') in their fields and the crop was ready for harvesting as the crop had opium fruits of poppy. There was the information that these farmers were to sell the opium in near future. The names of some farmers were given by the informant. During raid, the police noticed that in land Gat No.674, applicant Shivaji Deshmukh had cultivated the opium in the area of 20 R. The price of this crop was Rs. 2.5 lacs. Dnyanoba Jaising alias Kondiba More had cultivated opium poppy in 60 R. portion of Gat No.843 and the value of this crop was Rs. 7.5 lacs. Applicant Shaikh Pashu Shaikh Maheboob had cultivated opium in 80 R. portion of Gat No.640 and the value of this crop is Rs. 10 lacs. Balasaheb Deshmukh had cultivated opium in 16 R. portion of Gat No.312 and the value of this crop was Rs. 2 lacs. Gangadhar Sampat Palwade had cultivated opium in 12 R. portion of Gat Nos.242 and 249 and the value of this crop was Rs. 1.5 lacs. Brother of Gangadhar viz. Subhash Palwade had cultivated opium in 15 R. portion of Gat No.906 and the value of this crop was Rs. 1,87,500/ -. Sambhaji Shinde had cultivated opium in 20 R. portion of Gat No.704 and the value of this crop was Rs. 2.5 lacs. Brother of Sambhani viz. Balasaheb Shinde had cultivated opium in 20 R. portion from Gat No.704 and value of this crop was Rs. 2.5 lacs. Bhimrao Shinde had cultivated the opium in 30 R. portion of Gat No.637 and the value of this crop was Rs. 3.75 lacs. Vishnu Shinde brother of Bhimrao had cultivated the opium in 30 R. portion in Gat No.637 and value of this crop was Rs. 3.75 lacs. Bhimrao Rathod had cultivated the opium in the area of 15 R. from Gat No.551 and value of this crop was Rs. 87,500/ -. Mahadu, brother of Bhimrao had cultivated opium in 20 R. portion from Gat No.407 and the value of this crop was Rs. 2.5 lacs. Opium was found to be cultivated in other fields also, but the accused from C.R. 3 have not filed the application for bail.