Rajasthan High Court – Jodhpur
Bhagwan Lal vs State Of Rajasthan (2025:Rj-Jd:30313) on 11 July, 2025
Author: Nupur Bhati
Bench: Nupur Bhati
[2025:RJ-JD:30313]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 8287/2025
Bhagwan Lal S/o Shri Rupa, Aged About 68 Years, R/o
Kheriyado, P.s. Dhamotar, Dist. Pratapgarh (Lodged In Dist. Jail,
Pratapgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vijay Kumar Gaur
For Respondent(s) : Mr. Prem Singh, PP
HON'BLE DR. JUSTICE NUPUR BHATI
Order
11/07/2025
1. The instant bail application has been filed under Section 483
BNSS on behalf of the petitioner, who is in custody in relation to
F.I.R. No.40/2025 dated 01.03.2025, registered at Police Station
Dhamottar District Pratapgarh, for the offence under Section 8/20
of the NDPS Act.
2. The case of the prosecution is that upon search being made
by the police team on 01.03.2025 at around 08:45 AM, they found
Cannabis plants were cultivated between the Garlic and Corn
plants in the field of the petitioner and on asking about the said
plants, the petitioner stated that he was having the possession of
the same and thus, the petitioner was arrested.
2. Learned counsel for the petitioner submits that several plants
of ‘Ganja’ were recovered and found to be cultivated by the
petitioner which weighed around 71.6 Kgs. Learned counsel for
the petitioner places reliance upon judgments of this Court passed
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in SB Criminal Misc. Bail Application No.9279/2022 (Vinod
Kumar Vs. State of Rajasthan through PP), SB Criminal
Misc. Bail Application No.538/2023 (Mohanlal Vs. State of
Rajasthan through PP), SB Criminal Misc. Bail Application
No.4883/2025 (Ladu Ram Vs. State of Rajasthan through
PP) SB Criminal Misc. II Bail Application No.6376/2024
(Guman Singh Vs. State of Rajasthan through PP) and SB
Criminal Misc. III Bail Application No.8683/2023 (Nandlal
@ Nand Singh Vs. State of Rajasthan through PP), SB
Criminal Misc. Bail Application No.3737/2025 (Jagdish Ram
Vs. State of Rajasthan through PP) wherein, this Court has
enlarged the accused-petitioners on bail while taking into
consideration the fact that embargo contained under Section 37 of
the NDPS Act, would not be attracted to such offence. He also
submits that as the whole plants were weighed without removing
the stems, roots, leaves etc. He further submits that charge-sheet
has been filed and petitioner has no previous antecedents. He
further submits that the trial of the case will take long time,
therefore, the present petitioner shall also be enlarged on bail.
3. Learned Public Prosecutor opposes the bail application.
4. Heard learned counsel for the parties as well as perused the
material available on record.
5. This Court finds that the Notification issued in this regard
that specifies small and commercial quantity for Narcotic Drugs
and Psychotropic Substances i.e S.O. 1055 (E) dated 19th
October, 2001 published in the Gazette of India, Extra., Pt. II Sec.
3 (ii) dated 19th October, 2001 and the commercial quantity
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specified therein for ‘Ganja’ is, 20 kgs. For the purpose of
determining the total weight of the recovered contraband ‘Ganja’
in the present case, the whole plants were taken into
consideration, including the seeds, roots, stems and leaves, along
with the soil as well, whereas only the flowering or fruiting tops of
the cannabis plants should have been taken into consideration for
weighing of contraband ‘Ganja’ as per the definition clause under
NDPS Act, as there was no bifurcation of seeds, roots, stems,
leaves and soil before weighing the recovered contraband. Thus, it
is safe to infer that the actual weight of ganja so recovered would
be less than the claimed weight and cannot be said to be of
commercial quantity.
6. Section 8(b) of the NDPS Act stipulates that the cultivation of
“any cannabis plant” is prohibited. Furthermore, Section 20 of the
NDPS Act outlines the punishment for contravention in relation to
cultivation of cannabis plant which is reproduced hereunder:
“20. Punishment for contravention in relation to cannabis plant
and cannabis.- Whoever, in contravention of any provisions of
this Act or any rule or order made or condition of licence
granted thereunder,-
(a) cultivates any cannabis plant; or
(b) produces, manufactures, possesses, sells, purchases,
transports, imports inter-State, exports inter-State or uses
cannabis, shall be punishable-
(i)where such contravention relates to clause (a) with rigorous
imprisonment for a term which may extend to ten years and
shall also be liable to fine which may extend to one lakh rupees
(ii)where such contravention relates to sub-clause (b),–
(A) and involves small quantity, with rigorous imprisonment for
a term which may extend to one year, or with fine, which may
extend to ten thousand rupees, or with both;
(B) and involves quantity lesser than commercial quantity but
greater than small quantity, with rigorous imprisonment for a(Downloaded on 11/07/2025 at 08:51:58 PM)
[2025:RJ-JD:30313] (4 of 5) [CRLMB-8287/2025]term which may extend to ten years and with fine which may
extend to one lakh rupees;
(C) and involves commercial quantity, with rigorous
imprisonment for a term which shall not be less than ten years
but which may extend to twenty years and shall also be liable to
fine which shall not be less than one lakh rupees but which may
extend to two lakh rupees:
6.1. On a bare persual of the aforementioned Section, this Court
finds that contravention in relation to cultivation of cannabis plant
is covered under Section 20(a) and the punishment for
contravention of the same is prescribed without any specification
of quantities. Therefore, the applicable provision prescribing
punishment for the offence under Section 8(b), which pertains to
the cultivation of the cannabis plant, would be Section 20(a)(i)
7. Grant of bail for offences stipulated in the NDPS Act is
prohibited by the provision contained under Section 37 of the Act.
Section 37 of the Act states that any person who is accused of an
offence under Sections 19, 24 or 27A and of an offence involving
commercial quantity cannot be granted bail. In the present case,
neither the offence in the present case is covered by Sections 19,
24 or 27A of the NDPS Act and as there was no bifurcation of
seeds, roots, stems, leaves and soil before weighing the recovered
contraband ‘Ganja’ it is safe to infer that the actual weight of
‘Ganja’ so recovered would be less than the claimed weight and
cannot be said to be of commercial quantity. Therefore, it can
safely be inferred from the above observations that the petitioner
need not face the rigors of Section 37 with regard to provision of
bail.
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8. Thus, without expressing any opinion on merits/demerits of
the case and keeping in mind the dicta contained in the
aforementioned judgments and looking to the fact that the trial
will consume time this Court is of the opinion that the petitioner
deserves to be enlarged on bail.
9. Consequently, the bail application is allowed. It is ordered
that the accused-petitioner namely Bhagwan Lal S/o Shri
Rupa, in relation to the F.I.R. No.40/2025 dated 01.03.2025,
registered at Police Station Dhamottar District Pratapgarh, shall be
released on bail; provided he furnishes a personal bond in the sum
of Rs.50,000/- and two surety bonds of Rs.25,000/- each to the
satisfaction of the learned trial court with the stipulation to appear
before that Court on all dates of hearing and as and when called
upon to do so.
10. It is however, made clear that findings recorded/observations
made herein are for limited purposes of adjudication of bail
application. The learned Trial Court shall not get prejudiced by the
same.
(DR. NUPUR BHATI),J
213-amit/-
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