AI Overview...
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Bail Granted for Opium Poppy Cultivation - Multiple cases indicate that courts have granted bail to individuals accused of cultivating opium poppy under the NDPS Act, especially when the offence does not involve commercial quantities or when specific restrictions under Section 37 are not applicable Nihang Jathedar Harjinder Singh VS State Of U. T. Chandigarh - Punjab and Haryana, MALIYA Vs. STATE OF RAJASTHAN - Rajasthan, Deva vs State of Rajasthan - Rajasthan, Mohan, S/o Chamna Bhagora vs State Of Rajasthan, - Rajasthan, KALJI Vs. STATE OF RAJASTHAN - Rajasthan, VAKTARAM Vs. STATE OF RAJASTHAN - Rajasthan, JAGDISH RAM Vs. STATE OF RAJASTHAN - Rajasthan, Banwari vs Union of India - Rajasthan, Santokhsingh @ Thobasingh S/o Shri Sardul Singh VS State of Rajasthan - Rajasthan, Vala Ram S/o Shri Deepa Ram VS State Of Rajasthan, Through PP - Rajasthan.
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Legal Grounds for Bail - Courts emphasize that bail can be granted unless there are compelling reasons to deny it. Notably, the absence of a defined quantity for opium poppy cultivation under the NDPS Act often favors bail, as restrictions under Section 37 are not triggered without a commercial quantity Banwari vs Union of India - Rajasthan, Santokhsingh @ Thobasingh S/o Shri Sardul Singh VS State of Rajasthan - Rajasthan, Vala Ram S/o Shri Deepa Ram VS State Of Rajasthan, Through PP - Rajasthan.
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Section 37 of NDPS Act - The embargo on granting bail under Section 37 is not applicable when the offence involves non-commercial quantities or when the specific case does not meet the criteria for commercial classification Deva vs State of Rajasthan - Rajasthan, Mohan, S/o Chamna Bhagora vs State Of Rajasthan, - Rajasthan, VAKTARAM Vs. STATE OF RAJASTHAN - Rajasthan.
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Previous Case Law and Judicial Approach - Courts have referenced prior judgments granting bail in similar cases, particularly when the quantity involved is not classified as commercial, and when the accused has been in custody for a significant period, further supporting bail KALJI Vs. STATE OF RAJASTHAN - Rajasthan, Deva vs State of Rajasthan - Rajasthan.
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Implication of Quantity and Commercial Classification - The absence of a specified quantity for cultivation under the NDPS Act means that restrictions on bail are less stringent, and courts tend to favor bail unless there are specific reasons to oppose it Banwari vs Union of India - Rajasthan, Santokhsingh @ Thobasingh S/o Shri Sardul Singh VS State of Rajasthan - Rajasthan.
Analysis and Conclusion:
Overall, the legal trend indicates that individuals accused of cultivating opium poppy are likely to be granted bail if the offence involves non-commercial quantities or if the restrictions under Section 37 are not satisfied. The courts consider the absence of a defined quantity, the period of custody, and previous case law as significant factors favoring bail. Therefore, in cases of opium poppy cultivation without commercial classification, bail is generally granted, emphasizing the importance of case-specific circumstances and the provisions of the NDPS Act.
Search Results for "Cultivation of Opium Poppy Bail Granted"
2005 0 Supreme(P&H) 543 • India - Punjab and Haryana
K.S.GAREWAL
Opium Poppy - Cultivation - Ownership and Possession - Bail Granted Fact of the Case: The case involves the cultivation ... of opium poppy on a specific piece of land, with uncertainties regarding ownership, quantity, value of the crop, and possession ... found that the petitioner had been in custody for over a year and determined that further detention was not warranted, granting bail ... This is a case of cultivating op....
2025 Supreme(Online)(RAJ) 7507 • India - High Court of Rajasthan (Jodhpur Bench)
MR. JUSTICE KULDEEP MATHUR, J
(Paras 1-13) ... ... (B) Bail - Grant of bail under NDPS Act - Court emphasizes that bail cannot ... ... ... Result: Bail application allowed. ... (A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 20, and 37 - Bail application filed by petitioner arrested ... IV Bail Application No.2676/2022 ), wherein in a similar matter relating to cultivation of opium poppy, bail was granted#HL....
2025 0 Supreme(Raj) 363 • India - HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MR. JUSTICE KULDEEP MATHUR, J
granted with conditions. ... supports bail grant in similar circumstances. ... ... ... Result: Bail application allowed. ... IV Bail Application No.2676/2022 ), wherein in a similar matter relating to cultivation of opium poppy, bail was granted to the accused as the embargo contained in Section 37 of NDPS Act was not attracted. 12. ... Grant of bail for offences stipulated in the NDPS Act is prohibited by the p....
2025 0 Supreme(Raj) 1483 • India - HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
MR. JUSTICE KULDEEP MATHUR, J
was granted. ... (Paras 1-13) ... ... (B) Bail - Grant of bail for NDPS offences - Section 37 prohibits bail for ... (Paras 11-12) ... ... Result: Bail application allowed. Bail Application No.2676/2022), wherein in a similar matter relating to cultivation of opium poppy, bail was granted to the accused as the embargo contained in Section 37 of NDPS Act was not attracted. 12. ... Section 37 st....
2024 Supreme(Online)(RAJ) 27374 • India - High Court of Rajasthan (Jodhpur Bench)
MR. JUSTICE FARJAND ALI, J
were not applicable as the offence did not involve commercial quantity - Bail granted based on previous case law. ... court emphasized that bail should be granted unless there are compelling reasons against it, particularly when the accused is not ... (A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8 and 20 - Bail application under Section 439 Cr.P.C. - Accused-petitioners ... State of Rajasthan, wherein in a similar matter relating to cultivation of opium....
2025 Supreme(Online)(RAJ) 369 • India - High Court of Rajasthan (Jodhpur Bench)
MR. JUSTICE KULDEEP MATHUR, J
granted. ... ... ... Result: Bail applications allowed. ... (Paras 11, 12, 13) ... ... (B) Bail - Grant of bail for NDPS offences - Prohibition ... IV Bail Application No.2676/2022), wherein in a similar matter relating to cultivation of opium poppy, bail was granted to the accused as the embargo contained in Section 37 of NDPS Act was not attracted. ... Grant of bail for offences stipulated ....
2025 Supreme(Online)(RAJ) 6715 • India - High Court of Rajasthan (Jodhpur Bench)
Kuldeep Mathur, J
granted. ... (Paras 1-13) ... ... (B) Bail - Grant of bail for offences under NDPS Act - Prohibition under ... (A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8 and 20 - Bail application under Section 483 of BNSS (439 Cr.P.C ... IV Bail Application No.2676/2022 ), wherein in a similar matter relating to cultivation of opium poppy, bail was granted to the accused as the embargo contained in Sec....
2025 0 Supreme(Raj) 1247 • India - High Court of Rajasthan (Jodhpur Bench)
MR. JUSTICE FARJAND ALI, J
application - Accused charged with cultivation of opium poppy - Court finds no defined quantity for commercial classification under ... ... ... Ratio Decidendi: The court ruled that since the NDPS Act does not specify a defined quantity for opium poppy cultivation, ... NDPS Act - Previous judgments indicate that Section 37 restrictions do not apply - Bail granted considering trial duration. ... IV Bail Application No.2676/2022 tit....
2024 0 Supreme(Raj) 339 • India - Rajasthan
FARJAND ALI
He was charged under Sections 8/15 & 18 of the NDPS Act for the alleged cultivation of opium poppy. ... discussed the provisions of the NDPS Act, particularly Sections 8 and 18, which address the cultivation of opium poppy and the associated ... Ratio Decidendi: The court concluded that the absence of a defined quantity for the cultivation of opium poppy ... IV Bail Application No. 2676/2022 titled Kallu Nath v. S....
2024 0 Supreme(Raj) 441 • India - Rajasthan
FARJAND ALI
for commercial quantities, were not applicable as there was no defined quantity for the cultivation of opium poppy. ... - The court discussed the provisions of the NDPS Act, particularly Section 8 regarding the cultivation of opium poppy, and Section ... Final Decision: The bail application was allowed, and the petitioner was granted bail upon furnishing a personal ... IV Bail Application No.2676/2022titled Kallu ....
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