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 legislative intent behind the section does not extend to such offences.

ORDER :

1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Badrilal S/o Puralal seeking bail in respect of a criminal case registered as FIR No. 49/2026 dated 18.02.2026 registered at P.S. Dug, District - Jhalawar, for the offence under Sections 8/18 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 submits that the petitioner is charged for illicit cultivation of poppy plant, though no recovery has been effected from the conscious possession of the petitioner. He further submitted that after investigation, the charge sheet has already been filed. He also referred to judgment and submitted that in cases of cultivation, the provisions of Section 37 of the NDPS Act are not attracted. He has also placed reliance upon order dated 23.05.2024 in Second Bail Application No. 6376/2024, Guman Singh Vs. State of Rajasthan , decided by a coordinate bench at Principal Seat Jodhpur and order dated 09.04.2026 and on Bail Application No. 3896/2026, Satyanarayan Vs. State of Rajasthan , decided by a Coordinate Bench of this Court.

4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature.

5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties.

6. On the basis of information, SHO Police Station Dug, District Jhalawar, reached the agricultural field allegedly in the tenancy of petitioner-accused Badri Lal. On search, the police found that there was unauthorized cultivation of poppy plants. After completion of proceedings, FIR No. 49/2026 dated 18.02.2026 was registered at Police Station Dug, District Jhalawar. The petitioner-accused was arrested on 18.02.2026 and the charge sheet has been filed under Section 8/18 of the NDPS Act.

7. In case of Guman Singh Vs. State of Rajasthan and others (supra), a Co-ordinate Bench after considering the legal position has granted bail to a person who was charged for the offence of cultivation of poppy plant, observing that Section 37 of the NDPS Act is not attracted in such cases. An identical view was expressed by another coordinate bench in case of Satyanarayan Vs. State of Rajasthan (supra).

8. Herein the present case, the allegation against the petitioner is regarding cultivation of poppy plant, therefore embargo under Section 37 of the NDPS Act is not applicable.

9. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicant-accused.

10. Thus, the instant bail application filed on behalf of applicant-accused Badrilal S/o Puralal, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing a personal bond of Rs. 50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:-

(i) The applicant-accused shall not tamper with evidence or influen