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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE FARJAND ALI, J
Banwari – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. jurisdiction invoked for bail (Para 1 , 3 , 5 , 6) |
| 2. submissions by counsel (Para 2) |
| 3. considered submissions and material (Para 4) |
| 4. no defined quantity for bail (Para 8) |
| 5. bail application allowed (Para 9) |
ORDER :
FARJAND ALI, J.
1. The jurisdiction of this court has been invoked by way of filing the second bail application under Section 439 CrPC at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:
| S.No. | Particulars of the Case | |
|---|---|---|
| 1. | FIR Number | 4/2024 |
| 2. | Concerned Police Station | CBN, Chittorgarh |
| 3. | District | Chittorgarh |
| 4. | Offences alleged in the FIR | Under Section 8/18 (c) of the NDPS Act |
| 5. | Offences added, if any | -- |
| 6 | Date of passing of impugned order | 17.09.2024 |
2. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused- petitioner and he has been made an accused based on conjectures and surmises.
3. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the pres
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.
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