Baalam Singh vs State Of Uttarakhand

Alok Kumar Verma, J

Present Application has been filed for grant of regular bail in connection with the Case Crime No.42 of 2023, registered at police station Dharasu, District Uttarkashi under Section 8/18/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

As per the First Information Report, informant Kamal Kumar Lunthi, Inspector, was busy in maintaining peace and order along with other police personnel on 04.05.2023. He received a secret information about opium cultivation in some farm. On that information, the police party, Circle Officer of Police Prashant Kumar, Tehsildar Ramesh Chauhan, Revenue Sub-Inspector Manoj Singh Rana and Rajendra Arya and Excise Constable raided the farm (Khata No.227 Khasra No.9871) situated in a Tok called Bhandara Ka Sera near Harela Gad, where opium crop was found. Present applicant, Smt. Surja Devi and Smt. Balma Devi are joint owner of the said farm. As per the report of the Forensic Science Laboratory, the recovered contraband was found to be “poppy straw.”

Mr. Pawan Mishra, Advocate, contended that the present applicant is the joint owner of the said farm. He is residing 10 Km. away from the farm in-question. The said farm was barren land, therefore, applicant did not take any interest to do any work on the said farm. Applicant, aged about 75 years, is not in condition to do the farming work of the alleged recovered contraband, and, he is a permanent resident of District Uttarkashi, therefore, there is no chance of his absconding.

Mr. M.K. Chand, A.G.A., submits that 515 gram sample was taken out of the recovered poppy straw and the remaining poppy straw was destroyed, hence, at this stage, it cannot be said with certainty whether the recovered poppy straw was in commercial quantity or nor.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, there is no reason to keep the applicant behind the bars for an indefinite period, therefore, without expressing any opinion as to the merit of the case, this Court is of the view that the applicant deserves bail at this stage.

The Bail Application is allowed.

Let the applicant-Baalam Singh be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the court concerned.