Case No:-MCRC No. 5465 of 2024
Decided on :-12-03-2024
Quorum:- ANAND PATHAK JUDGE
Facts of the case:-
The current case concerns the bail application of an individual who is accused of cultivating poppy straw, or opium. The applicant’s attorney argues that he has been misled and that he never cultivated the aforementioned illicit object Implicated. His basis of inference is a memo from a co-accused who also happens to be a courier of illicit products, as stipulated in Section 27 of the Evidence Act. This Court first believed that in order to reduce the threat of drug trafficking, it was necessary to investigate the sources of illegal commodities like ganja and opium production. As a result, the Apex Perpetrator’s (ringleader/prime accused) participation needs to be looked into, and this Court ordered the investigation in the Arvind Singh v. State of M.P. case, M.Cr.C. No. 51311/2023 police agencies should look into the Apex Perpetrators’ involvement in NDPS Act crimes as well. In order to teach police officers and constables about these topics, the Police Department has started a project to incorporate study materials into their Police Academies and Police Training Schools. Research concerning the Apex Perpetrators’ function. After looking into the role of the Apex Perpetrator in this case, authorities discovered that the current applicant was purportedly the cultivator of opium (poppy straw). The big concern now is how it would be determined that the applicant owns the land on which the aforementioned crop was grown. Stated differently, how it would be effectively examined if the applicant grew opium and then sold it to a middleman who subsequently transported it to various locations for sale.
Contentions
Learned counsel of petitioner stated that instant case is in respect of bail application of a person who is facing Allegation of cultivation of Opium (Poppy Straw). Arguments of counsel for the Applicant is that he never cultivated the said contraband article and has been falsely Implicated. His source of implication is memo under Section 27 of Evidence Act of Co-accused who happens to be a carrier of contraband articles. This Court was of Prima facie opinion that to curb the menace of drugs trafficking, source of Cultivation of contraband articles like Opium, Ganja etc. needs to be checked. Therefore, role of Apex Perpetrator (ring leader/main accused) is required to be Investigated and this Court in the case of Arvind Singh Vs. State of M.P., inM.Cr.C. No.51311/2023 directed the police authorities to investigate the role of Apex Perpetrators also in cases of NDPS Act. For that purpose, Police Department Has undertaken the project of incorporation of study material in their Police Academies/Police Training Schools to teach police officers/constables about Investigation pertaining to role of Apex Perpetrators. Learned counsel for the respondent states that Therefore, this Court raised the question from the Additional Advocate General Shri Vivek Khedkar and Shri Ravindra Singh Kushwaha, Dy. Advocate General about collecting evidence from Soil Testing or from DNA sampling of Plants or from study of Pollen Grain and Spores (Palynology). For which, learned Additional Advocate General requested the Agriculture Scientists including the Vice-Chancellor of Rajmata Vijayaraje Schindia Agriculture University to throwSome light over it.
Court Analysis and Judgement
Court stated that It appears that National Forensic Science University, Gandhi Nagar would Also be of much help in the cause because it is a Nodal Institution for matters related To NDPS Act and related subject. Their expertise and input would be useful and Relevant. Learned Additional Advocate General is directed to coordinate with NFSU, Gandhi Nagar and Vice Chancellor/Campus Director in this regard. At the joint request of parties, matter is placed on 22.04.2024 for further orders.
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Judgement Analysis Written by – K.Immey Grace
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