Order

13/05/2025

1. The instant misc. bail application has been filed by the petitioner, who is in custody in connection with the FIR No.44/2025 dated 10.03.2025, registered at Police Station Kherapa District Jodhpur (Rural), for the offence punishable under Section 8/18 of the NDPS Act.

2. The case of the prosecution is that on 10.03.2025 at around 2.10 PM, upon receiving an information, the SHO Police Station Kherapa, Jodhpur (Rural) along with his team reached at Baoli Chhabo ki Dhani near the tubewell of Baoli of the accused petitioner-Ladu Ram and upon search being made, it was found that the petitioner was cultivating plants of opium which were 2200 in numbers with height around 2^1/2 feet. The petitioner was arrested thereupon.

3. Learned counsel for the petitioner submits that the offence alleged against the petitioner is covered under Section 8 (b) of the NDPS Act which is punishable under Section 18. He further submits that since in the present case, the police had recovered opium plants, the punishment for cultivating the same would fall under sub-Clause (c) of Section 18 of the NDPS Act, as no commercial or small quantity has been prescribed for poppy/opium plants. Learned c