GULL MOHAMMAD Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The petitioners have sought bail in anticipation of their arrest in FIR No.231/2021 for offences under Sec. 8/15, 25 of NDPS Act registered with Police Station, Anantnag.

(2.) As per the prosecution case, on 24/5/2021, Police Station, Anantnag, received a docket from ASI Gh. Mohd. to the effect that on 24/5/2021 Executive Magistrate, Anantnag, along with officials of Police Post, General Bus Stand, Anantnag, while performing patrolling and checking duties at Village Chee Anantnag, found that some farmers have grown poppy plants in their lands in order to earn huge amount of money from poppy straw which is used for making contraband drugs. These farmers include the petitioners herein. On receipt of this docket, FIR No.231/2021 for offences under Sec. 8/15, 25 of NDPS Act was registered and investigation was set into motion. During the course of investigation, statements of the witnesses were recorded and from the spot, one kg poppy straw (green) was seized and sealed. The same was sent to FSL, Srinagar, for examination.

(3.) The petitioners have sought bail in anticipation of their arrest on the ground that they are not involved in the alleged offences and that they have been falsely implicated on the basis of some enmity with the complainant. It has been contended that the crop of poppy straw has not been planted by the petitioners but the same has grown of its own. Lastly, it has been submitted by the petitioners that in case they are admitted to bail, they would cooperate with the investigating agency and would abide by all the conditions that may be imposed by this Court.