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DEVENDRA KACHHAWAHA
Chiman Singh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT
Devendra Kachhawaha, J. - The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 78/2022, Police Station Jaitaran, District Pali, registered for the offence under Section 8/18 of the Narcotic Drugs and Psychotropic Substances (NDPS) act, 1985.
2. Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner stated that as per the prosecution, 2783 plants of the contraband (i.e., Opium) from the accused-petitioner; that no other case has been registered/pending against the accused-petitioner; that the accused-petitioner was arrested from Hyderabad; that the accused-petitioner is in judicial custody since 21.02.2022; Learned counsel also stated that as per the Note No.3 appearing below the Table appended to NDPS act, cultivation of opium poppy is covered under Clause (c) of Section 18 of the NDPS act and thus, obviously the restrictions contained in Section 37 of the NDPS act would not be attracted to such offence. Learned counsel for the petitioner further stated that in identical m
The court considered the lengthy trial process and absence of other pending cases in granting bail to the accused-petitioner for the offense under the NDPS act.
The interpretation of the maximum punishment for possessing opium plants under the NDPS Act and the precedent set by the orders passed by co-ordinate Bench(s) of the Court in identical matters influe....
The court established that bail can be granted under Section 439 Cr.P.C. even in cases involving serious allegations under the NDPS Act, provided the circumstances warrant such a decision.
The absence of specified small and commercial quantities for opium poppy cultivation under the NDPS Act means Section 37 does not apply, allowing for bail.
The court ruled that restrictions under Section 37 of the NDPS Act do not apply when no defined quantity for commercial classification exists, allowing bail.
The court granted bail under the NDPS Act, finding no commercial quantity prescribed for cultivation and no risk of tampering with evidence.
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