The main legal point established in the judgment is the legal duties of landholders and officers to disclose illegal cultivation and the consequences of illegal omission under the NDPS Act.

ORDER : – The present revision petition under section 397 and 401 of Criminal Procedure Code is preferred by the petitioner for quashment of order dated 14-7-2021 whereby the charge for offence under sections 8(b)/18(c) and 29 of the Narcotics Drugs and Psychotropic Substance Act, 1985 (hereinafter referred to as “the NDPS Act”) has been framed by the Special Judge (NDPS), Datia in Special Case No. 9/2021 (NDPS). Said charge is framed in relation to FIR bearing No. 2/2021 lodged at Police Station Central Bureau of Narcotics, Morar District Gwalior.

2. Case of prosecution as disclosed from the complaint filed by the respondent is that on 7-3-2021, the Narcotics Bureau received an information from their informer regarding illegal conveyance and cultivation of the opium poppy in the village Kulainth, Police Station Indergarh, district Datia by the persons namely Ranvir Singh alias Kapila, Lachchhiram, Ram Singh alias Baba, Naval Singh alias Kalli alias Neta. On the pretext of same, the said place of cultivation was raided by the special team constituted by the C.B.N. On the directions of Ranvir and Lachchhi, the team of C.B.N. reached the alleged place of incident where they found illegally cultivated opium poppy under the garb of other crops. Therefore, under the order of the gazetted officer, prepared two samples of the plants of opium poppy for analysis and destroyed the entire illegally cultivated opium poppy and apprehended the accused persons namely Ranvir alias Kapila and Lachchhi alias Laxminarayan and kept the investigation pending.

3. Thereafter, Sh. Rohit Raj (Inspector, Central Narcotics Bureau, Gwalior Bench, Madhya Pradesh) received an information regarding survey No. 87, on which, the alleged opium poppy as produce of cultivation was seized and on further investigation, it came to their knowledge that the said piece of land is possessed/owned by 26 different members and families. On further information, after examination of different persons of the said land and village, department came to know that the illegal opium was cultivated on the land of Munni Devi and the said land was given on lease (?????) to Gopal Krishan Gautam (present petitioner) in the month of October, 2020 for a year. On the basis of other incriminating materials as well as confessional statement of the petitioner/accused-Gopal Krishan Gautam rendered under section 67 of the NDPS Act to the Investigating Officer, he has been implicated in the instant matter.

4. On the basis of above details and the facts situation as disclosed, Central Bureau of Narcotics (CBN) filed a complaint before the competent Court for the purpose of taking cognizance of the aforesaid offence against the present petitioner and other co-accused persons namely Ranvir Singh alias Kapila and Lachchhi after concluding all the investigation in relation to these persons. Department also sought permission to investigate the matter further in relation to other persons arrayed in the matter.

5. Learned Special Judge took cognizance of the offence and thereby framed charge under sections 8(b)/18(c) and 29 of the NDPS Act. Petitioner denied the charge and sought for trial.

6. Being aggrieved by the aforesaid impugned order by which charge has been framed, petitioner has preferred the instant revision seeking quashment of the order dated 14-7-2021 qua petitioner passed by the Court below.

7. It is the submission of learned counsel for the petitioner that petitioner has not committed any offence under sections 8(b)/18(c) and 29 of the NDPS Act and in lieu of requisite evidence, material and documents available on record, trial would be a futile exercise. On 18-3-2021, CBN seized opium poppy allegedly cultivated over around 7,704 square meters wherein cultivation assumed to be 70 Kg., on the directions of Lachchhi and Ranvir Singh alias Kapila who were thereon implicated as accused in the instant matter. None of these persons disclosed name of present petitioner nor does the information