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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
HARDEEN RAM – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
This application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.31/2025 registered at Police Station Bhopalgarh, Jodhpur Rural, for the offence under sections 8/18 of NDPS Act.
2. As per the prosecution, on 01.03.2025, acting upon a secret information, the SHO Police Station Bhopalgarh, reached the agricultural field of the petitioner and found illegal cultivation of the poppy plants being done therein. A few of the poppy plants possessed flowering and fruiting tops as well and after uprooting all of them, the same were found to be 10670 in number. The petitioner was arrested on the spot.
3. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
4. Learned counsel for the petitioner submitted that the offence allegedly committed by the petitioner is covered under Section 8 (b) of the NDPS Act which is punishable under Section 18. Learned counsel contended that since in the present case, the team of police station Bhopalgarh had recovered poppy plants, the punishment for cultivation of the same would fall under the Sub-clause (c) of section 18 as no
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 granted bail under the NDPS Act, finding no commercial quantity prescribed for cultivation and no risk of tampering with evidence.
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 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 ruled that restrictions under Section 37 of the NDPS Act do not apply when no defined quantity for commercial classification exists, allowing bail.
The absence of a defined quantity for the cultivation of opium poppy under the NDPS Act allows for the granting of bail, as the restrictions of Section 37 do not apply in such cases.
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 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 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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