KALU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present Misc bail application under section 439 Cr.P.C., 1973 is preferred by the Accused/petitioner in the matter of FIR No. 72/2017 registered at Police Station Bonli, District Sawai Madhopur, for offences punishable under Sections 8/18, 8/15, 8/17 and 8/29 of N.D.P.S. Act.

(2.) Learned counsel for petitioner submits that petitioner is a labour, neither he was in possession of opium nor the crop of opium, he was called by the land holder for cutting the crop, he was not in possession of any contraband, therefore provision enshrined in Section 37 of NDPS Act is not applicable in the case of present petitioner. Petitioner is in custody since 26.02.2017, investigation has been completed and charge-sheet has already been filed, therefore petitioner may be released on bail.

(3.) On instructions of Investigating Officer Mr. Subhash Chand Mishra, CI, PS Sawai Madhopur, learned Public Prosecutor submits that it is true that petitioner was hired for cutting the crop of opium but he should have informed the Police regarding opium crop as per Section 46 of NDPS Act, but he failed to comply the Section 46 of NDPS Act, therefore his bail application may be dismissed.