Ajay Tewari, J. - (1.) This order shall dispose of the aforesaid two petitions as they arise from the same FIR. In CRM-M No.15417 of 2015, prayer has been made to grant regular bail in case FIR No.43, dated 19.3.2015 registered under Sections 18/25-A/61/85 of the NDPS Act, at Police Station Guhla, District Kaithal. In CRR No. 2200 of 2015, prayer has been made for quashing of the order framing charge against the petitioner.
(2.) As per allegations, secret information was received that the petitioner was cultivating opium plants on his land. A raid was conducted and the opium plants were uprooted, a total of which was 12 kgs.
(3.) Counsel for the petitioner has argued that the petitioner has been in custody for about four months. Bail application of the petitioner has been rejected by the trial Court holding that the quantity recovered is commercial quantity. As per the learned counsel, this is a complete misinterpretation of the NDPS Act (for short the Act ). Section 18 of the Act deals with offences related to opium and opium poppy. The same is quoted as below:- 18. Punishment for contravention in relation to opium poppy and opium. - Whoever, in contravention of any provision of this Act or any rule or order made or condition of licence granted thereunder, cultivates the opium poppy or produces, manufactures, possesses, sells, purchases, transports, imports inter-State, exports inter-State or uses opium shall be punishable:- (a) where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees, or with both; (b) where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and shall also be liable to fine which shall not be less than one lakh rupees which may extend to two lakh rupees: Provided that the court may, for reasons to be recorded in the judgment, impose a fine exceeding two lakh rupees; For Subsequent orders see CRR-2200-2015 (c) in any other case, with rigorous imprisonment which may extend to ten years and with fine which may extend to one lakh rupees. ;