BANSHI JOSHI Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Special Public Prosecutor and also perused the material on record.

(2.) The petitioner has been arrested in Cr. Complaint Case No. 12/2015 pertains to Special Judge, NDPS Act Cases, Bhilwara for the offence punishable under Section 8/19 NDPS Act. He has preferred this bail application under Section 439 Cr.P.C., 1973

(3.) Learned counsel for the petitioner has submitted that the petitioner was license holder and authorised for cultivating the opium. It is submitted that the allegation agaist the petitioner is to the effect that he has deposited 10.360kg. adulterated opium in the depot and as such he has embezzled good quantity of opium. The court below took cognizance against the petitioner on a complaint filed by the Central Bureau of Narcotics. Learned counsel for the petitioner has argued that the petitioner was admittedly a licence holder in the year 2010-2011 and he has deposited 10.360kg. opium in the depot and even if it is assumed that the opium deposited by him is adulterated, then also it cannot be said that he has embezzled 10.360kg. of opium. Learned counsel for the petitioner has submitted that in similar set of cases this Court has already enlarged the accused persons on bail vide orders dated 18.09.2015 and 27.08.2015.