[2026:RJ-JD:16955]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4019/2026 Hariram S/o Sukhram, Aged About 48 Years, R/o Roopnagar, Nagdi, P.s Khivsar, District Nagour (At Present Lodged In Sub Jail Nagour)

----Petitioner Versus State Of Rajasthan, Throgh Pp ----Respondent For Petitioner(s) : Mr. Mangilal Vishnoi.

For Respondent(s) : Mr. U.R. Kalbi, P.P.

HON'BLE DR. JUSTICE NUPUR BHATI

Order

10/04/2026

1. The instant bail application has been filed by the petitioner under Section 483 BNSS who has been arrested in connection with the FIR No.59/2026 dated 19.03.2026 registered at the Police Station Khivsar, District Nagaur, for the offences under Sections

8/15, 8/16, 8/18, 8/25 of the NDPS Act.

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case with the allegation that the petitioner was found cultivating the crops of a total of 5,361 green opium plants weighing 225.600 kilograms and 14.090 kilograms of whole dried poppy husk (including the plastic sacks) contained in two plastic bags, and 1.700 kilograms of opium latex (including the plastic container) were recovered. Learned counsel for the petitioner submits that the alleged contraband weighing 14.090 kilograms of whole dried poppy husk (including the plastic sacks) contained in two plastic bags, and 1.700 kilograms of opium latex weighs below commercial quantity and the offence alleged with regard to 5,361 green opium plants, the case falls under the category of offence under Section 18 (c) of the NDPS Act as per Note 3 of notification dated 19.10.2001 and thus, the provisions of Section 37 of the Act are not attracted.

3. In support of his contention, counsel has placed reliance upon the order of this Court dated 01.05.2025 passed in SBCRLMB No.5293/2024 : “Vala Ram v. State of Rajasthan”, Relevant portion of the said order is reproduced hereunder:

“5. It is the case of the prosecution that upon receiving a secret information when the police party reached at the agricultural field of the petitioner Vala Ram it was found that some plants of the species of papaver, Somnife rum-L commonly known as opium poppy were cultivated in between cultivation of fennel plants. Around 743 poppy plants were recovered from the agricultural field. The petitioner was arrested and after usual investigation, he was charge-sheeted for committing offence under Section 8/18 NDPS Act.

6. A perusal of the record revealing that petitioner is a Khatedar tenant of Khasra Nos. 61, 62, 65 and 66 ad- measuring 11.1864, 0.1897, 1.5302, 1.2773 hector at the Village Gundagiri, District Pali. A copy of the Jamabandi revealing that the crops of fennal, barley, gram, wheat and cow fodder were cultivated in the field.

7. It is further revealing that the opium poppy plants were scattered in the field at several places. A plea of water scattering, dispersion and spontaneous growth has been raised which could not be ignored in view of the number of plants commensurate to the total land area. However, this Court is not giving any finding on this fact. In Khasra No.61 ad measuring 11.7864 hectors, there are several other khatedar tenants with the petitioner Vala Ram and he has 1/40th share in it. A plea of joint possession of several persons and so that liability of exclusive and conscious possession cannot be fasten, has also some worth to consider. The guilty can be adjudicated only after the entire evidence is laid in the trial and appreciation of evidence is made however, at this stage the plea of innocence shall prevail in favour of the accused.

8. The petitioner is booked for offence of cultivation of poppy plants which is covered under Section 8 (b) of the NDPS Act. Section 18 of the NDPS Act makes provision for punishment of contravention in relation to opium poppy and opium. Sub-clause (b) of Section 18 prescribes punishment for small quantity. It also provides punishment for commercial quantity and all ot