Order
21/07/2025
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.42/2025 dated 23.05.2025, registered at Police Station
Mandwa, District Udaipur, for the offence under Section 8/20 of
NDPS Act.
2. The case of the prosecution is that on 23.05.2025 at around
11.10 AM, police team of Police Station Mandwa District Udaipur
got information about the petitioner. When they reached his
house, they found 71 plants of cannabis being cultivated in the
agricultural field of the petitioner of around 6 feet height weighing
25 Kg 320 gms.
3. Learned counsel for the petitioner places reliance upon
judgments of this Court passed in SB Criminal Misc. Bail
Application No.9279/2022 (Vinod Kumar Vs. State of
[2025:RJ-JD:31977] (2 of 5) [CRLMB-8510/2025]
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 also submits that the petitioner has no previous
criminal antecedents of similar nature and thus, urges, that the
petitioner shall also be enlarged on bail.
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