The main legal point established in the judgment is that while the gravity of the offence and the severity of punishment are relevant considerations for bail, other factors such as the presumption of innocence, the prolonged incarceration of the accused, and the absence of evidence indicating a risk of tampering with witnesses are equally important and cannot be ignored.

JUDGMENT :

1. As per the prosecution case, on 26.04.2020, the Police Station, Arnas received an information from reliable sources that an unknown person has cultivated poppy crop in his land measuring around 5/6 marlas at village Dharan, District Reasi. On the basis of the said information, FIR No. 28/2020 for offences under Sections 8/18/29 of NDPS Act was registered at Police Station, Arnas.

2. During investigation, the I/O along with Tehsildar visited the spot and found that the petitioners herein have cultivated the poppy crop on their land. 2.2 kg of poppy crop was found to have been cultivated by petitioner Angrez Singh, 2.6 kg by petitioner Kuldeep Singh, 2.9 kg by petitioner Narinder Singh and 2.7 kg by petitioner Jasbir Singh. The I/O prepared the samples on the spot and seizure memos were prepared in the presence of Executive Magistrate. The samples were sent to FSL Jammu for chemical analysis and the statements under Section 161 were also recorded by the I/O. The petitioners were arrested on 07.9.2020. After obtaining report from the FSL, Jammu which confirmed the existence of narcotic material, the investigation was completed and the challan presented in the Court of learned Sessions Judge, Reasi (hereinafter referred to as the 'trial Court'). On 15th of October, 2020, all the petitioners herein moved applications before the trial Court for grant of bail. The trial Court though, in principle, agreed that the contraband recovered from the possession of the petitioners falls within the category of intermediate quantity, yet, having regard to the gravity of the offence, severity of punishment prescribed and the impact on the society etc., declined the bail. The applications moved by the petitioners were, thus, rejected by the trial Court vide its common order dated 08.12.2020.

3. Feeling dissatisfied and aggrieved by the order of the trial Court, fresh bail application came to be filed by the petitioners before this Court. The bail is claimed by the petitioners primarily on the ground that they are incarceration since 07.09.2020 and that the investigation has since been completed and the challan presented before the trial Court and, as such, the petitioners deserve to be enlarged on bail. It is submitted that the object of bail is to secure the attendance of the accused in the trial and unless there is material on record to indicate that the petitioner/accused, if enlarged on bail, will not appear to take their trial, it should not be normally refused. Learned counsel for the petitioners further argues that it is now well settled that the gravity of offence alone cannot be a decisive ground to deny bail and the Court, while considering the bail plea, must bear in mind that an accused is presumed to be innocent until proven guilty and that the bail is rule and jail an exception.

4. The bail plea of the petitioners is resisted by the respondents who, in their objections, have, while narrating the prosecution story, pleaded that the petitioners are involved in heinous offences which carry punishment up to 10 years and, therefore, cannot be enlarged on bail, in that, there is every apprehension that they, after coming out of the jail on bail, will tamper with the prosecution evidence by influencing the witnesses.

5. Having heard learned counsel for the parties and perused the record, it is necessary to first set out Section 18 of NDPS Act which reads as under :

"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 contra