The High Court of Jharkhand rejected the petitioners' prayer for anticipatory bail in an NDPS case involving alleged poppy cultivation. The court held that the serious nature of the charges and ongoing investigation precluded release.
The prayer for anticipatory bail stands rejected.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI A.B.A. No. 3378 of 2017
Versus
The State of Jharkhand .... .... .... Opp. Party
CORAM : HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
For the Petitioner : Mr. A.K. Chaturvedy, Advocate For the State : Addl. P.P. ------
05/17.07.2017 Apprehending their arrest the petitioners have moved this Court for grant of privilege of anticipatory bail in connection with Chandwa P.S. Case No.15 of 2017 (N.D.P.S. Case No.07 of 2017) registered under Sections 18/20/22 of the N.D.P.S. Act.
Heard learned counsel appearing for the petitioners as well as learned Addl. P.P. for the State.
Learned counsel for the petitioners submits that allegation against the petitioners is that they were cultivating poppy plant over an area of 1.5 acres. A part of which, is the land belonging to the petitioners and a part of which, is the forest land. It is also alleged that police after videography of the poppy cultivation seized sample plants of 15 pieces each and in total 60 pieces of poppy plants have been seized. It is further submitted on behalf of the petitioners that the petitioners are no way involved in cultivation of poppy plant nor there is any cultivation of poppy plant in their raiyati land. The petitioners are poor persons and they have been falsely implicated in this case. Hence, the petitioners be given the privilege of anticipatory bail.
Learned Addl. P.P. appearing on behalf of the State opposes the prayer for anticipatory bail of the petitioners and submitted that there is direct allegation of serious nature against the petitioners of cultivating poppy plant. Since, investigation of the case is going on, hence custodial interrogation of the petitioner is necessary and they ought not be given the privilege of anticipatory
bail.
Considering the submissions of counsels and the aforesaid facts and circumstances of the case and the direct allegation of serious nature against the petitioners, I am not inclined to grant privileges of anticipatory bail to the petitioners. Accordingly, their prayer for anticipatory bail stands rejected.
(Anil Kumar Choudhary, J . )
Gunjan/-
2 issues framed by the court
Whether to grant anticipatory bail to petitioners facing allegations of poppy cultivation under the NDPS Act.
Whether custodial interrogation is necessary given the seriousness of the charges.
2 provisions across 2 enactments
Rajesh Bhagat and Others
The State of Jharkhand
Anil Kumar Choudhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
