Shivji Ram @ Shivji vs State of Rajasthan

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Raj) 1801

IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Anil Kumar Upman, J.
Shivji Ram @ Shivji – Petitioner
Versus
The State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 6264 of 2023
Decided On : 02-06-2023

Advocates:
Advocate Appeared:
For the Petitioner: Ashvin Garg
For the Respondent: Atul Sharma

Headnote:(A) NDPS Act - Section 8/18 and Section 37 - Bail application under Section 439 Cr.PC - Petitioner in custody for cultivating opium poppy - Restriction in Section 37 not applicable due to coverage under Section 18

(C) - Investigation complete, charge-sheet filed, and trial likely to consume time - Petitioner deserving release on bail. (Paras 1-6)

(B) Bail - The overall circumstances warranting a grant of bail, even in serious offenses under the NDPS Act - Absence of previous criminal antecedents and prompt investigative progress considered. (Paras 4-5)

Facts of the case:
The petitioner was arrested for cultivating opium poppy under NDPS Act, represented no previous criminal record, and argued for bail based on the completion of investigations and likelihood of extended trial duration.

Findings of Court:
The court found sufficient grounds to grant bail, noting the inapplicability of Section 37 restrictions and the need to facilitate a fair trial process.

Issues: Whether the restrictions of Section 37 of the NDPS Act apply to the petitioner's case involving cultivation of poppy straw.

Ratio Decidendi: The court concluded that since the offense was covered by Section 18

(C), the restrictions under Section 37 did not impede the petitioner’s right to bail, emphasizing the need for equity and justice in judicial proceedings.

Result: Bail application allowed, petitioner directed to furnish personal and surety bonds as specified.

Table of Content
1. bail application filed under ndps act. (Para 1)
2. court's observations on applicability of ndps provisions. (Para 2 , 5)
3. petitioner's arguments on bail eligibility. (Para 3 , 4)
4. court's opinion on bail grant. (Para 6)
5. order for release on bail with conditions. (Para 7)

ORDER :

1. The present bail application has been filed under Section 439 Cr.PC. On behalf of the petitioner, who is in custody in connection with F.I.R. No. 0025/2023, Police Station Mangaliyawas, District Ajmer, for the offence under Section 8 /18 for the NDPS Act.

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

3. Learned counsel for the petitioner submits that as per Note No. 3 appended below the Schedule of the NDPS Act, cultivation of poppy straw would be punishable under Section 18 (C) of the NDPS Act and thus, the restriction contained in Section 37 of the NDPS Act cannot operate against the petitioner. He contends that the petitioner has no previous criminal antecedents. He submits that investigation is complete and charge-sheet has been filed and the trial of the case is likely to consume time. He thus prays that the petitioner deserves to be released on bail.

4. Learned Public Prosecutor vehemently opposes the submissions advances by the learned counsel for the petitioner.

5. Having considered the arguments advanced by the learned counsel for the parties, it is evident that the offence of cultivating opium poppy would be covered by Section 18 (C) of the NDPS Act in view of the Note No. 3 appended below the Schedule of the NDPS Act. Therefore, the restriction contained in Section 37 of the NDPS Act would not be applicable in such a case. The petitioner is in custody. Investigation is complete and charge-sheet has been filed. The trial of the case is likely to consume time.

6. In this background and having regard to the overall facts and circumstances available on record, this Court is of the opinion that the petitioner deserves to be released on bail.

7. Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely Shivji Ram alias Shivji S/o. Late Shri. Tejaram arrested in connection with F.I.R. No. 0025/2023, Police Station Mangaliyawas, District Ajmer shall be released on bail; provided he furnishes a personal bond of Rs. 80,000/- and two surety bonds of Rs. 40,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

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