The rigours of Section 37 of the NDPS Act are not attracted in cases of opium poppy cultivation under Section 18(c), as the relevant notification does not specify small or commercial quantities for such cultivation.

Order

1. Heard learned counsel for the parties as well as perused the material available on record.

2. The instant bail application has been filed by petitioner under Section 483 B.N.S.S. in connection with FIR No.22/2026 dated 02.03.2026 registered at Police Station Nimbi Jodha, District Didwana Kuchaman for the offence under Section 8/18 of the NDPS Act.

3. Learned counsel for the petitioner submits that the petitioner has been falsely roped in this case while alleging that the total 3600 opium plants weighing about 171 kgs 430 gms were cultivated in the agriculture field. He submits that the petitioner has no previous criminal antecedents. He also places reliance upon the order dated 12.05.2023 passed by the Co-ordinate Bench of this Court in SBCRLMB No.4843/2023 titled as Prakash @ Om Prakash Vs. State of Rajasthan and the said order is reproduced hereunder:

1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.22/2023, Police Station Deshnok, District Bikaner for the offence under Section 8/18 of NDPS Act.

2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.

3. Learned Counsel for the petitioner submits that information was received by the police that illegal opium is being cultivated by the present petitioner, subsequently, on reaching the spot it was found that opium plants weighing 114 quintals & 10 Kgs were planted in the field for cultivation. He further submits that petitioner has been falsely implicated in the present case. He also submits that the petitioner is booked for the offence of cultivation of opium poppy which is covered by Section 8(b) of the NDPS Act. Learned counsel for the petitioner also submits that Section 18 which discusses the punishment for cultivation in relation to opium poppy and opium, prescribes punishment for small quantity in sub-clause (a), for commercial quantity in sub-clause (b) and all other cases are covered under sub-clause (c).

4. In the present case, the penal provision applicable to the petitioner is sub-clause (c) of Section 18. The NDPS Act does not specify quantity for cultivation of opium poppy, rather Note no.3 appended to the notification S.O. 1055(E) dated 19th October, 2001 published in the Gazette of India, Extra., Pt. II Sec. 3 (ii) specifying small and commercial quantity, reads as ““small quantity” and “Commercial Quantity” with respect to cultivation of opium poppy is not specified separately as an offence in this regard is covered under clause (c) of section 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985”. The embargo contained in Section 37 is not attracted as there is no question of commercial quantity in the present case. Learned counsel for the petitioner also placed reliance on an order passed by the co ordinate Bench of this Court at Jaipur in S.B. Criminal Misc. IV Bail Application No.6894/2022 (Bhajan Lal vs. State of Rajasthan) decided on 25.05.2022. Keeping in view of the order passed by co-ordinate Bench, it is prayed that the petitioner may be enlarged on bail.”

5. Learned Public Prosecutor has opposed the bail application.

6. Having regard to the peculiar facts and circumstances of the case, this Court deems it just and proper to release the petitioner on bail.

7. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that the petitioner Prakash @ Om Prakash S/o Ganesh Ram shall be released on bail in connection with F.I.R. No.22/2023, Police Station Deshnok, District Bikaner provided he executes a personal bond in a