GOWARDHAN BHOKTA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioners and the State.

(2.) The Petitioners seek bail in a case instituted for the offence under Sections 18, 20, 22 of The Narcotic Drugs and Psychotropic Substances Act-1985 (for short 'NDPS Act').

(3.) It is alleged in the written report that the informant received confidential information that several persons of Nakataiya village has illegally planted crop of Posta Dana for manufacturing opium by hiding the crops in their wheat and rahar crops. On this information, the informant along with the raiding team reached in the village. It is stated that all the male members of the village started running away on seeing the police party. The informant with two independent witnesses proceeded toward western-north of the village and found crops of Posta Dana in several lands and several persons were also found working in the land. The informant and raiding team damaged and destroyed crops of Posta Dana. The petitioners along with other accused persons were arrested and fruits of crops of Posta Dana of 1 Kg. each were seized as sample. The police party also damaged the crops of Posta Dana from the land of the other co-accused persons and seizure list was not prepared as fruits were not present in the crops.