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Judgment
The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No.52/2011
registered at Police Station Mansalpur, District Karauli for the offence(s) under Section 8/18 of the NDPS Act (In FIR) and under Section 8/18 of the
NDPS Act (In Order).
Counsel for the petitioner submits that the petitioner has been falsely implicated in this matter. Counsel further submits that allegation against the
petitioner is of cultivating opium plants. Counsel further submits that the petitioner is a 75 years old person and the land is in the name of petitioner and
his four brothers. Counsel further submits that the case of petitioner falls under clause 18 (C) of the NDPS Act and the recovered contraband is less
than commercial quantity. Counsel further submits that challan has already been presented in the Court and conclusion of trial may take long time.
Learned Public Prosecutor has opposed the bail application.
Considering the material on record and taking into account the facts and circumstances of the case and also considering the age of the petitioner
and without expressing any opinion on the merits of the case, this petition is allowed. Petitioner be admitted to regular bail subject to satisfaction of the
trial Court. Office is directed to send a copy of this order to the concerned trial Court through e-mail/fax, for necessary compliance.