Back
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
ASHOK KUMAR JAIN
Harishchand S/o Mathuralal – Appellant
Versus
State of Rajasthan – Respondent
| Table of Content |
|---|
| 1. factual basis of the bail application and investigation findings. (Para 1 , 6) |
| 2. summary of contentions regarding illicit poppy cultivation and police procedure. (Para 2 , 3 , 4 , 5) |
| 3. inapplicability of section 37 ndps for cultivation cases. (Para 7 , 8) |
| 4. final order granting bail with specific judicial conditions. (Para 9 , 10) |
ORDER :
1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Harishchand S/o Mathuralal seeking bail in respect of a criminal case registered as FIR No. 72/2026 dated 04.02.2026 registered at P.S. Aklera, District-Jhalawar, for the offence under Sections 8/18 and 26 of NDPS Act.
2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time.
3. Learned counsel for petitioner submitted that the petitioner was granted a license
In cases involving the cultivation of poppy plants, the stringent bail conditions under the relevant narcotics statute are not attracted. Where the investigation is complete and the accused is no lon....
The stringent bail conditions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, are not applicable to cases involving the illicit cultivation of poppy plants, as the legis....
In cases involving the illegal cultivation of poppy plants under narcotics legislation, the restrictive bail provisions are not attracted. Courts may grant bail upon considering factors such as the c....
The court held that the stringent bail provisions under the relevant narcotics legislation are not attracted in cases involving the cultivation of prohibited plants. Consequently, where the investiga....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
