Honble SAXENA, J. — Heard. Perused the challan papers.

(2). It is alleged that on receiving certain information, the S.H.O., Police Station, Chanderia went to field bearing Khasra No. 834 situated in village Pandoli and found that 103 plants of Ganja were standing in the field of the petitioner and those plants weighed about 25 kilograms. The contention of Mr. Rastogi is that the said field bearing Khasra No. 834 is in the joint tenancy of Harikishan, Nagji, Lachman sons of Dhukal, Smt. Chandi widow of Chhagan and others and that there is no evidence to the effect that those plants were grown by the petitioner or that those were in his exclusive possession. The Investigating Officer has recorded the statement of Krishna Gopal, Patwari Halka, who has also stated that the field bearing Khasra No. 834 is recorded in the joint tenancy of the aforementioned persons.

(3). Therefore keeping in view all the facts & circumstances of the case as also the provisions of Sec. 37, N.D.P.S. Act, I feel inclined to allow this petition and, accordingly, it is ordered that petitioner Nagji Ram be released on bail provided he executes a personal bond in the sum of Rs. Ten thousand and furnishes two sound & substantial sureties in the sum of Rs. Five thousand each to the satisfaction of the learned Special Judge, Chittorgarh for his personal appearance before that Court on each & every date of hearing till the completion of the trial. He shall also give written undertaking to the effect that he shall keep peace and be of good behaviour and shall not cultivate any plant of Ganja or commit any offence punishable under the N.D.P.S. Act during trial of the case.

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