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[2026:RJ-JP:19940]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Second Bail Application No.

6753/2026

Lalchand S/o Chauthmal, Aged About 42 Years, Resident Of

Village Kholi Police Station Ghatoli, District Jhalawar (Raj.) (At

Present Confined In Sub- District Jail, Aklera, District Jhalawar

(Raj.)

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Rohit Khandelwal

For Respondent(s) : Mr. Amit Kumar Gupta, P.P.

HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

12/05/2026

1. The petitioner has filed this second bail application

under Section 483 B.N.S.S., arising out of F.I.R. No. 66/2026

registered with the Police Station Ghatoli, District Jhalawar for

offence under Section 8 and 18 of N.D.P.S. Act, 1985.

2. As per the prosecution, on 23.02.2026, acting upon a

secret information, the S.H.O. Police Station Ghatoli, District

Jhalawar, along with his team reached at the field of Lalchand, and

upon a search being made, found 41 green plants of Opium

growing illegally therein. The police team thereupon uprooted the

said plants and upon weighing it was found to be a total of 10.610

Kg. and therefore, the accused-petitioner was arrested on the

spot.

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3. Heard learned counsel for the accused-petitioner as

well as learned Public Prosecutor and also perused the material

made available on record.

4. The learned counsel for the accused-petitioner submits

that the offence allegedly committed by the accused-petitioner is

covered under Section 8(b) of the NDPS Act, which is punishable

under Section 18 of the NDPS Act. Learned counsel further

submits that since in the present case, the Police had recovered

Opium plants and the punishment for cultivation of 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 opium

plants. Learned counsel has placed reliance upon the judgments

rendered by a Co-ordinate bench of this Court in the cases of:

(i) Bhajan Lal Vs. State of Rajasthan (S.B.

Criminal Misc. Fourth Bail Application No.6894/2022)

decided on 25.05.2022.

(ii) Kallu Nath Vs. State of Rajasthan (S.B.

Criminal Misc. Fourth Bail Application No.2676/2022)

decided on 27.05.2022.

5. Lastly, learned counsel submits that the accused-

petitioner is in judicial custody since 23.02.2026 and the trial of

the case will take considerable long time to conclude, therefore,

he may be enlarged on bail.

6. Learned Public Prosecutor has vehemently opposed the

bail application.

7. Considered the submissions made by counsel for the

petitioner as well as learned Public Prosecutor.

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8. This Court is conscious of the S.O. 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, which provides:

“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.”

9. Having considered the rival submissions, facts and

circumstances of the case, this Court prima-facie finds that since

the offence in the present case is not punishable under Sections

19, 24 and 27A of the NDPS Act and neither any commercial

quantity has been prescribed for cultivation of opium plants, as

per the notification, as stated above; and particularly since the

prosecution has not shown any apprehension of the petitioner

tampering with the evidence or involving himself in cases of

similar nature in case he is enlarged on bail, therefore the

embargo contained in Section 37 NDPS Act is not applicable in the

present case. Thus, without expressing any opinion on merits or

demerits of