SALIM KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This bail application under section 439 Crimial P.C. has been filed on behalf of petitioner Salim Khan against whom investigation is pending at P.S. Dag, District Jhalawar for the offence under section 8/18 of NDPS Act in FIR No. 105/99.

(2.) Learned counsel for the petitioner has contended that this totally false and baseless case has been fasted against the petitioner by complainant Shanker Lal due to non-payment of part of sale money of land Khasra No. 2476 which he had sold to him and handed over the possession thereof to him. He has referred to the statement of Shanker Lal, the complainant recorded u/s 161 Cr.RC. and has submitted that his aforesaid contention is fully borne out by his own statement. The petitioner had grown opium crop in his own field bearing Khasra No. 2859 for which he had obtained patta from the competent authorities and on inspection by the concerned authorities the crop was found grown on that field. He has submitted that if the crop had been grown on other field than the one for which patta was issued, the concerned authorities would have got the crop destroyed or would have immediately proceeded against him for such a violation but this has not been done. He has deposited the entire produce of opium with the concerned authorities as per the prescribed norms and there was no short fall of opium produce against him. He has also submitted that the.police had initially submitted final negative report in the matter, but later on the investigation has been reopened and is still pending and the petitioner is in custody since 27.11.2002.

(3.) The learned PR has opposed the bail application and has submitted that the petitioner is primafacie liable for violation of Rules 8 and 9 of the NDPS Rules, 1985 for which offences same punishment is prescribed as for possession of contraband article. So he ought not be released on bail.