Rajasthan High Court – Jodhpur
Hardeen Ram vs State Of Rajasthan (2025:Rj-Jd:13675) on 11 March, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:13675]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3085/2025
Hardeen Ram S/o Sagta Ram Jat, Aged About 65 Years, Resident
Of Bhanwariya Nagar Surpura Khurd Police Station Bhopalgarh
District Jodhpur. (At Present Lodged In Central Jail, Jodhpur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. R.S. Choudhary
For Respondent(s) : Mr. Shrawan Singh Rathore, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
11/03/2025
This application for bail under Section 439 Cr.P.C. has been
filed by the petitioner who has been arrested in connection with
F.I.R. No.31/2025 registered at Police Station Bhopalgarh, Jodhpur
Rural, for the offence under sections 8/18 of NDPS Act.
2. As per the prosecution, on 01.03.2025, acting upon a secret
information, the SHO Police Station Bhopalgarh, reached the
agricultural field of the petitioner and found illegal cultivation of
the poppy plants being done therein. A few of the poppy plants
possessed flowering and fruiting tops as well and after uprooting
all of them, the same were found to be 10670 in number. The
petitioner was arrested on the spot.
3. Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
4. Learned counsel for the petitioner submitted that the offence
allegedly committed by the petitioner is covered under Section 8
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(b) of the NDPS Act which is punishable under Section 18. Learned
counsel contended that since in the present case, the team of
police station Bhopalgarh had recovered poppy plants, the
punishment for cultivation of the same would fall under the Sub-
clause (c) of section 18 as no commercial or small quantity has
been prescribed for cultivation of poppy plants. Learned counsel
has placed reliance upon the judgments rendered by a coordinate
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 submitted that the petitioner is in
judicial custody; no case of similar nature is pending against the
petitioner and the trial of the case will take sufficiently long time,
therefore, the benefit of bail may be granted to the accused-
petitioner.
4. Per contra, learned Public Prosecutor has opposed the bail
application.
5. 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.”
6. Having considered the rival submissions, facts and
circumstances of the case, this Court prima facie finds that since
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the offence in the present case is not punishable under Sections
19, 24 and 27A and neither any commercial quantity has been
prescribed for the cultivation of poppy 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 is not applicable in the present case. Thus, without expressing
any opinion on merits/demerits of the case, this Court is inclined
to enlarge the petitioner on bail.
7. Consequently, the bail application under Section 439 Cr.P.C.
is allowed. It is ordered that the accused-petitioner Hardeen
Ram S/o Sagta Ram Jat arrested in connection with F.I.R.
No.31/2025 registered at Police Station Bhopalgarh, Jodhpur
Rural, shall be released on bail, if not wanted in any other case,
provided he furnishes a personal bond of Rs1,00,000/- and two
sureties of Rs.50,000/- each, to the satisfaction of learned trial
Court, for his appearance before that Court on each & every date
of hearing and whenever called upon to do so till completion of the
trial.
8. It is however, made clear that findings recorded/observations
made above are for limited purposes of adjudication of bail
application. The trial Court shall not get prejudiced by the same.
(KULDEEP MATHUR),J
316-mohit/-
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