Bail application by five accused persons in an NDPS case involving poppy cultivation. Counsel argued no incriminating articles found and no definite SFSL opinion. Court allowed bail.
Applicants released on bail upon furnishing bond of Rs.25,000 each with two sureties of like amount to the special judge.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
B.A. No.14129 of 2021
1.Vijay Yadav
2.Kailash Yadav 3.Sridhar Yadav 4.Manoj Yadav 5.Jagan Ganjhu ..... … Petitioners
Versus The State of Jharkhand …. …. Opp. Party
CORAM : HON’BLE MR. JUSTICE SUBHASH CHAND
-----For the Petitioners : Mr. A.K. Chaturvedy, Advocate For the State : Mr. Ravi Prakash, Special P.P.
02/03.01.2022 Heard learned counsel for the applicants and learned A.P.P. for
the State.
Learned counsel for the applicants undertakes to remove the defect, as pointed out by the office within a period of one week.
This bail application has been filed on behalf of the above named applicants with prayer to release on bail in connection with Lawalong P.S. Case No.126 of 2020 registered under Sections 15(c) and 18 of the N.D.P.S. Act pending in the court of learned Sessions Judge-cum-Special Judge (NDPS), Chatra.
Learned counsel for the applicants has submitted that the F.I.R. of this case was lodged against 30 named accused persons including the applicants and it is alleged that all the accused persons were involved in cultivating the poppy plants on the forest land. It is further submitted that the applicants have been falsely implicated in this case and there were not cultivating the alleged poppy plants. Nothing incriminating article has been recovered from possession of the applicants. It is also submitted that as per SFSL report, there is no definite opinion in regard to the sample sent to the SFSL whether the same was opium plant or not. The applicants have been languishing in jail since 24.09.2021.
Learned Spl. P.P. appearing on behalf of the State vehemently opposed the contentions made by the learned counsel for the applicants.
In view of the submissions made and material on record, the bail application of the applicants is hereby allowed. Let the applicants be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the court of learned Sessions Judge-cum-Special Judge (NDPS), Chatra in aforesaid case.
(Subhash Chand, J.)
Rohit
2 issues framed by the court
Whether bail should be granted to accused persons alleged of cultivating poppy plants on forest land under NDPS Act.
Whether lack of incriminating articles recovered and absence of definite SFSL opinion justifies release on bail.
1 provisions across 1 enactments
Vijay Yadav
Kailash Yadav
Sridhar Yadav
Manoj Yadav
Jagan Ganjhu
State of Jharkhand
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
