G.P. Srivastava, J. - (1.)Heard learned Counsel for the applicant and learned A.G.A.
(2.)The applicant was a licenced cultivator of opium. He collected 8.100 kg opium from 4.3.2002 to 22.3.2002 and got it weighed by Lumberdar. Thereafter on 17.4.2002 he handed over only 2.970 kg. opium which was sent for chemical examination and it was found that a density of opium was only 45.83. There was adulteration of ash and gum. Consequently it was forfeited. As the matter involves opium of commercial quantity therefore Sec. 37, Narcotic Drugs And Psychotropic Substances Act comes into play. There is nothing to show that no case under Narcotic Drugs And Psychotropic Substances Act is made out against the applicant and that if he is granted bail he will not repeat the offence. If it is accepted that the opium handed over was not adulterated even then a huge amount of opium has been misappropriated by the applicant. There is no ground for bail. The bail application is rejected. Bail Rejected.