JUDGMENT

1. In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all concerned.

2. This Court perused the material available on record.

3. The petitioner has been arrested in connection with FIR No. 129/2021 of Police Station Kusalgarh, District Banswara for the offence punishable under Section 8/20 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

4. At the outset, learned counsel for the petitioner has referred to the order passed by this Hon'ble Court in CRLMB No.4007/2021 (Bhagirath Ram Vs. State decided on 01.04.2021), which reads as under:

"The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner Bhagirath Ram S/o Shri Hardasram, who is in custody in relation to F.I.R. No.71/2021, Police Station Dechu, District Jodhpur, for the offence under Section 8/18 of the NDPS Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

The petitioner was apprehended with an allegation of cultivating 386 opium plants in his agricultural field. The offence alleged is punishable u