R.R.YADAV, J. - (1.) THIS is an application for bail filed by the accused petitioners in the case under Sections 8/19 and 8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as 'N.D.P.S. Act').
(2.) THE prosecution case stated in brief as disclosed in the FIR No. 1/95 lodged on 21.10.95 at 8.00 p.m. is that in the crop year 1994 -95 the accused petitioners alongwith other cultivators have been granted licences for opium poppy cultivation as per policy decision taken by the Central Government. All the licenced cultivators were under obligations to deliver all opium produce of their plots cultivated with opium poppy as stipulated in their licences. It is further alleged that the accused persons named in the said FIR hatched a conspiracy by committing forgery in the Preliminary Vehement Register (hereinafter referred as 'P.W.R.') commonly known as 'Kachcha Taul Register' and in the process they changed the pages of P.W.R. so that their villages may be declared damaged opium crop are and they can show less opium produced by them.
(3.) IT is also alleged that the accused persons named in the FIR have collected Rs. 2,000/ - from each cultivator of villages Jawanpura, Hanseda, Amargarh, Bhaggu Nagar and Meghpura etc, and gave it to one 'Aarakshi' of the department. The total collection at the aforesaid rate after investigation was found to be Rs. 2,51,000/ - at the time of lodging the FIR.;