Mr. Ajay Tewari, J.: (Oral) - This order shall dispose of the aforesaid two petitions as they arise from the same FIR. In CRM-M No.15417 of 2015, prayer has been made to grant regular bail in case FIR No.43, dated 19.3.2015 registered under Sections 18/25-A/61/85 of the NDPS Act, at Police Station Guhla, District Kaithal. In CRR No.2200 of 2015, prayer has been made for quashing of the order framing charge against the petitioner.

2. As per allegations, secret information was received that the petitioner was cultivating opium plants on his land. A raid was conducted and the opium plants were uprooted, a total of which was 12 kgs.

3. Counsel for the petitioner has argued that the petitioner has been in custody for about four months. Bail application of the petitioner has been rejected by the trial Court holding that the quantity recovered is commercial quantity. As per the learned counsel, this is a complete misinterpretation of the NDPS Act (for short “the Act”). Section 18 of the Act deals with offences related to opium and opium poppy. The same is quoted as below :-

“18. Punishment for contravention in relation to opium poppy and opium. Whoever, in contravention of any pr