GHANSHYAM Vs. UNION OF INDIA

JUDGEMENT

(1.) This bail appli This bail application has been filed under section 438 Cr.P.C. seeking anticipatory bail in connection with FIR No.2/2015 registered at Police Station C.B.N. Jhalawar for the offences u/s 8/19 and 8/26 of the NDPS Act.

(2.) Learned counsel appearing for the accused petitioner submits that incident for which the complaint has been filed u/s 8/19 and 8/26 of the NDPS Act , 1985 relates to amount of opium said to have been deposited for the year 2011-12 for which the accused petitioner had license for cultivation. As per the complaint submitted, the opium deposited after cultivation was of 37.80 kilograms. It however did not contain complete opium but was found to be actually less than the total quantity and was of inferior quality and presumption has to be therefore drawn that the accused petitioner has embezzled the amount of opium. The cognizance was already been taken and trial is to proceed and accused petitioner is not required any further for investigation purpose.

(3.) LearnedPublic Prosecutor appearing forthe Narcotics submits that the accused petitioner has not presented himself before the trial court after the cognizance was taken on the complaint. The investigation is already over and the interrogation has also been conducted of the accused petitioner.