[2025:RJ-JD:35102]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 9316/2025 Jagdish Alias Jagtaram S/o Chagnaram, Aged About 52 Years, R/o Kathadi, Police Station Siwana, District Balotra (Rajasthan)

(At Present Lodged In Central Jail Jodhpur)

----Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Hukam Singh Chouhan For Respondent(s) : Mr. Urja Ram Kalbi, PP with Mr. Ravindra Singh HON'BLE MR. JUSTICE CHANDRA SHEKHAR SHARMA

Order

07/08/2025 The present bail application has been preferred by the petitioner under Section 483 of BNSS (Old Section 439 Cr.P.C.) in connection with FIR No.21/2025 registered at Police Station Bishangarh, District Jalore for the offences punishable under Sections 8/15 & 18 of the NDPS Act.

2. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. It is further submitted that there is no commercial quantity prescribed for cultivation of opium poppy plants. Learned counsel further submits that co-accused Saka Ram S/o Rupa Ram has already been enlarged on bail by the co-ordinate Bench of this Court while deciding S.B. Criminal Misc. Bail Application No.8313/2025 on 23.07.2025. The accused-petitioner is in judicial custody and the trial of the case will take long time. Therefore, it is prayed that the accused-

petitioner may be enlarged on bail.

3. Learned Public Prosecutor has vehemently opposed the bail application.

4. As per the Standing Order No.1055 (E) dated 19.10.2001 published in the Gazette of India, Extra., Pt.II Section 3(ii) dated 19.10.2001 and Note No.3 appended to the table thereto, it is apparent that there is no commercial quantity prescribed for cultivation of opium poppy plants. The same reads as under:

“3. “Small Quantity” and “Commercial Quantity” with respect to cultivation of opium poppy is not specified separately as the offence in this regard is covered under clause (c) of section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985.”

In light of judicial reasoning laid down in Valaram vs. State of Rajasthan passed in SBCRLMB No.5293/2024 and Sohan Singh vs. State of Rajasthan passed in SBCRLMB No.2687/2025, it becomes evident that in cases involving cultivation of opium poppy, the absence of any prescribed quantity under NDPS Act, renders the office incapable of being classified as involving either small or commercial quantity. Consequently, the stringent condition under Section 37 of the NDPS Act rendered inapplicable, and the case falls to be considered outside the statutory embargo, purely on the basis of settle legal interpretation.

5. Having regard to the totality of the facts and circumstances of the case and, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 483 of BNSS (Old Section 439 Cr.P.C.).

6. Accordingly, the bail application filed under Section 483 of BNSS (Old Section 439 Cr.P.C.) is allowed and it is directed that petitioner Jagdish @ Jagtaram S/o Chagnaram, shall be released on bail in connection with FIR No.21/2025 of Police Station Bishangarh, District Jalore provided he executes a personal bond in a sum of Rs.1,00,000/-with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of learned trial Court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

(CHANDRA SHEKHAR SHARMA),J

128-T.Singh/-