LAWS(MPH)-1993-12-28

GORE SINGH Vs. STATE OF M.P.

Decided On December 27, 1993
Gore Singh Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) HEARD counsel. Case diary perused. The two applicants have been arrested for an offence under section 20 (a) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The case of the prosecution is that near a tube well by the side of Kadamkhandi Hanuman Mandir, cannabis (Ganja) plants were standing and the two applicants used to supervise the crop. Neither the land belonged to the applicants nor there is any evidence of cultivating or irrigating the crop by the applicants except a bare statement of one witness Parmal Singh who stated that the two applicants used to supervise the crop. There is no report that the crop seized was of cannabis or Ganja Challan has been filed. The view of this Court is that a consolidated challan of all reports and the articles shall be filed and any piecemeal challan cannot be filed. Besides, even till date, there is no report about the fact that the crop seized was of cannabis plants. Learned Panel Lawyer has opposed the prayer for bail.

(2.) CONSIDERING all the facts and circumstances of the case and the evidence adduced, I am of the opinion that this is a fit case for releasing the applicants on bail. I, therefore, direct that they be released on bail on their furnishing a personal bond of Rs. 25,000/ - each and a solvent security in the like amount to the satisfaction of the Chief Judicial Magistrate Morena, for their appearance in the trial Court to face the trial.