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DEVENDRA KACHHAWAHA
Ganpat Lal – 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.16/2022, Police Station Jhab, District Jalore, registered for the offence punishable under Sections 8/15 and 8/18 of the NDPS act.
2. Heard and considered arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
3. Learned counsel for the petitioner stated that as per prosecution, 5240 green plants of opium/poppy husk have been recovered from the possession of the petitioner. Learned counsel while submitting copies of orders passed by co-ordinate Bench(s) of this Court stated that as per the notification dated 16.07.1996, issued by the Central Government, specifying small and commercial quantity and the Section 18(C) of the NDPS act, the maximum punishment can be awarded to an accused person for possessing opium plant is up to 10 years, therefore, Section 37 of the NDPS act is not applicable in the matter. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-p
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 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 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 court granted bail under the NDPS Act, finding no commercial quantity prescribed for cultivation and no risk of tampering with evidence.
The court's discretion to grant bail under Section 439 Cr.P.C. based on the facts and circumstances of the case.
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 the absence of specified commercial quantity for poppy cultivation under the NDPS Act, combined with lack of evidence tampering risk, justifies granting bail.
The court determined that the restrictions of Section 37 of the NDPS Act do not apply when the offence does not involve commercial quantity or severe sections, allowing bail.
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