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RAJASTHAN HIGH COURT
Narendra Singh Dhaddha, J.
Prabhat Pachar - Appellant
Versus
The State of Rajasthan, Through PP - Respondent
S.B. Criminal Miscellaneous Bail Application No. 11582 of 2021
Decided On : 26-08-2021
BAIL - NDPS ACT - The court granted bail to the petitioner arrested under the NDPS Act, emphasizing the need to consider the circumstances of the case and the legal provisions regarding the cultivation of opium. The court noted that the petitioner had been in custody since March 16, 2021, and highlighted the importance of personal bonds and sureties in the bail process, ultimately deciding to allow bail without expressing an opinion on the case's merits.
Fact of the Case:
The petitioner was arrested in connection with FIR No. 96/2021 for allegedly cultivating 1255 opium plants, resulting in a recovery of 313.5 kg. The petitioner claimed wrongful implication and has been in custody since March 16, 2021.
Finding of the Court:
The court considered the arguments presented by the petitioner's counsel and the circumstances of the case, deciding to grant bail without commenting on the merits of the case.
Issues: Whether the petitioner should be granted bail under Section 439 Cr.P.C. given the allegations under the NDPS Act and the duration of custody.
Ratio Decidendi: The court applied the provisions of the NDPS Act, particularly noting the implications of Section 18 regarding the cultivation of opium and the restrictions of Section 37, while also considering the petitioner's right to bail based on the circumstances.
Result: The bail application was allowed, and the petitioner was ordered to be released on bail upon furnishing a personal bond and sureties.
ORDER
1. The present bail application has been filed under Section 439 Cr.P.C. The petitioner has been arrested in connection with FIR No. 96/2021 Registered at Police Station Laxmangarh, District Sikar for the offence(s) under Section 8/18 of NDPS Act.
2. Learned counsel for the petitioner submits that the petitioner has been wrongly implicated in this case. He is behind the bars since 16.03.2021. Learned counsel for the petitioner further submitted that the allegation against the petitioner is that he cultivated 1255 opium plants and weight thereof 313.5 kg which were recovered. Learned counsel for the petitioner also submits that as per the table introduced in the NDPS Act vide notification dated 19.10.2001 to qualify the small and the commercial quantities of the narcotics drugs and psychotropic substances and particularly, the Note no.3 appearing at the bottom of the table, the offence of cultivation of opium poppy is covered under Clause (c) of Section 18 of the NDPS Act and punishable with imprisonment which may extend to 10 years and fine. So, the restriction contained in Section 37 of the NDPS would apply to such cases.
3. Learned Public Prosecutor has opposed the bail application.
4. Considering the contentions put-forth by the counsel for the petitioner and taking into account the facts and circumstances of the case and without expressing any opinion on the merits of the case, this court deems it just and proper to enlarge the petitioner on bail.
5. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner Prabhat Pachar S/o Shri Rameshwar shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
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 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.
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 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 granted bail under the NDPS Act, finding no commercial quantity prescribed for cultivation and no risk of tampering with evidence.
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 lack of minimum sentence prescribed under the NDPS Act and the turning hostile of seizure witnesses influenced the court's decision to grant bail to the applicant.
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 applied the provisions of Section 18(c) of the NDPS Act and considered the lack of prescribed quantity for opium poppy plants in granting bail to the petitioner.
The main legal point established in the judgment is that while the gravity of the offence and the severity of punishment are relevant considerations for bail, other factors such as the presumption of....
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