(Passed on 28^th day of July, 2021)

The applicant has filed this first bail application u/S.439

of Code of Criminal Procedure, 1973 for grant of bail.

Applicant has been arrested on 10-04-2021 by Police Station

Central Bureau of Narcotics, District Gwalior in connection

with Crime No.02/2021 registered for offence punishable

under Sections 8/18(c) and 29 of the Narcotics Drugs and

Psychotropic Substances Act, 1985 (hereinafter referred to as

'NDPS Act').

It is the submission of learned counsel for the applicant that he

is suffering confinement since 10-04-2021 and private

complaint has been filed by the department, therefore, now

chance of tampering with evidence or witnesses is remote.

Learned counsel referred the statement of prime accused

Laxminarayan alias Lachchhi dated 08-03-2021 and 09-03-

2021 as well as of Ranvir Singh dated 08-03-2021 and 09-03-

3 M.Cr.C.No.31747/2021

2021 who are allegedly prime accused in the case but they did

not refer name of the present applicant. They referred names of

other persons who were allegedly involved in illegal

cultivation of opium. Statement of applicant was recorded later

on and on the basis of his statement, he has been arrested.

It is the submission of learned counsel for the applicant that

only on the basis of his statement taken by respondent

authority purportedly under Section 67 of NDPS Act he has

been implicated. Scope of Section 67 vis-a-vis Section 53 and

53-A of NDPS Act, has been considered by recent judgment of

the Apex Court in the case of Tofan Singh Vs. State of

Tamilnadu (2021) 14 SCC 1 wherein it has been held that

statement under Section 67 of NDPS Act can only be

construed as confessional statement as per Section 25 of the

Indian Evidence Act before the police officer and therefore, on

such statement accused cannot be convicted.

Learned counsel for the applicant Shri Vijay Dutt Sharma

referred the statement of applicant to submit that the land in

question (Khasra No.87) wherein alleged illegal cultivation

of opium carried out is a vast stretch of land in which some

part of the land has been purchased by him around 10 years

back in which many persons are owners of the said land

including his two brothers and he was not cultivating the

opium over his land. It was the land under the possession of

Munni Devi W/o late Radha Govind and many other persons,

4 M.Cr.C.No.31747/2021

therefore, he cannot be fastened with the liability. He further

referred Annexure A/7 filed with the complaint under Section

36-A of NDPS Act by respondent department in which

description of Khasra No.87 through tentative map has been

depicted in which land of applicant appears to be far distant

than the land where alleged cultivation took place. Since

charge-sheet/complaint under Section 36-A of NDPS Act has

already been filed and applicant does not bear any criminal

record, therefore, chance of tampering with evidence is

remote.

He fairly admits on query that Sections 35, 54 and 66 of

NDPS Act raise certain presumptions against accused but it

cannot run to the detriment of the accused because stringent

provisions are made under NDPS Act and therefore, as per

the mandate of the State of Punjab Vs. Baldev Singh, (1999)

6 SCC 172 safeguards provided in NDPS Act are to be

scrupulously followed.

6.

Applicant undertakes to perform community service to purge

his misdeeds, if any and will use his agriculture field for

plantation of saplings as part of community service and to

serve National/Environmental/ Social cause voluntarily, if bail

is granted as per the spirit of judgment rendered in the case of

Sunita Gandharva Vs. State of M.P., in 2020 (3)

MPLJ(Cri.) 247 by this Court.

7.

Learned counsel for respondent No.1/State opposed the prayer

5 M.Cr.C.No.31747/2021

and prayed for dismissal of the bail application. According to

learned counsel on the basis of documents made availabl