Rajasthan High Court – Jodhpur
Dilip Kumar vs State Of Rajasthan (2025:Rj-Jd:13410) on 10 March, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:13410]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3025/2025
Dilip Kumar S/o Natthulal Dabgar, Aged About 35 Years, Resident
Of Dabgar Mohalla Partapur Tehsil Garhi District Banswara ( At
Present Currently Lodged In Jail Banswara )
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Raghuveer Singh Bhati.
For Respondent(s) : Mr. Shrawan Singh Rathore, PP.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
10/03/2025
1. This application for bail under Section 439 of Cr.P.C. (Section
483 of BNSS) has been filed by the petitioner who has been
arrested in connection with F.I.R. No.70/2025 registered at Police
Station Garhi, District Banswara, for offences under Sections 8/18
of the NDPS Act.
2. As per the prosecution, on 26.02.2025, acting upon a secret
information, the team of Police Station Garhi reached the
agricultural field of the petitioner and found illegal cultivation of
the poppy plants bearing fruits and flowering tops, being done
therein. 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
(b) of the NDPS Act which is punishable under Section 18. Learned
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counsel contended that since in the present case, the team of NCB
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 of
Cr.P.C. (Section 483 of BNSS) is allowed. It is ordered that the
accused-petitioner Dilip Kumar S/o Natthulal Dabgar arrested
in connection with F.I.R. No.70/2025 registered at Police Station
Garhi, District Banswara, shall be released on bail, if not wanted in
any other case, provided he furnishes a personal bond of
Rs.1,00,000/- 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.
(KULDEEP MATHUR),J
312-Tikam/-
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