KISHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

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

(2.) The petitioner has been arrested in FIR No. 63/2019 of Police Station Rashmi, District Chittorgarh for the offences punishable under Ss. 8/15 and 8/18 of NDPS Act. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that as per the prosecution story, the police party raided the agriculture field of the petitioner and recovered 9 kgs. of opium milk and 2 quintal 19 kgs. 800 grms. of poppy straw in the possession of petitioner. Learned counsel for the petitioner has submitted that the petitioner is the patta holder and authorized to grow opium. It is submitted that the 9 kgs. of opium is produced by the petitioner as per the patta issued by the Central Government and the 2 quintal 19 kgs. 800 grms. of poppy straw is the residue of the same. Learned counsel for the petitioner has submitted that as the petitioner is the patta holder and authorized to grow the opium, case filed by the police against the petitioner is without any authority and he has falsely been implicated in this case.