Dalip Singh vs State
2021 Latest Caselaw 19019 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15122/2021

Dalip Singh S/o Shri Balu Singh, Aged About 45 Years, R/o Village Hadla Bhatiyan, Police Station Gajner, Tehsil Kolayat, District Bikaner. (At Present Lodged In Central Jail, Bikaner)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Mr. Sudhir Saruparia Mr. Milap Chopra For Respondent(s) : Mr. AR Choudhary, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

14/12/2021

Heard learned counsel for the parties and perused the

material available on record.

The petitioner(s) has/have been arrested in FIR No.47/2021

of Police Station Gajner, District Bikaner for the offence(s)

punishable under Section(s) 8/16, 8/18 of NDPS Act. He/she/they

has/have preferred this/these bail application(s) under Section

439 Cr.P.C.

Learned counsel for the petitioner has submitted that the

allegation levelled against the petitioner is to the effect that he

was involved in cultivating the opium poppy. The police, after

thorough investigation, have filed charge-sheet against the

petitioner for the offences punishable under Sections 8/16 and

8/18 of the NDPS Act. It is also submitted that in the notification

dated 19.10.2001 issued by the Central Government, specifying

(2 of 2) [CRLMB-15122/2021]

the small or commercial quantity of narcotic substances

specifically provides that cultivation of opium poppy is not

specified separately as the offence in this regard is covered under

Clause (c) of Section 18 of the NDPS Act, 1985. Learned counsel

for the petitioner has submitted that Section 18 (c) prescribes

punishment which may extend to 10 years and as such the limits

prescribed under Section 37 of the NDPS Act is not aplicable in the

case of the petitioner.

Learned Public Prosecutor has opposed the bail

application(s).

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

case, I deem it just and proper to grant bail to the petitioner(s)

under Section 439 Cr.P.C.

Accordingly, this/these bail application(s) filed under Section

439 Cr.P.C. is/are allowed and it is directed that petitioner(s) -

Dalip Singh S/o Shri Balu Singh shall be released on bail in

connection with FIR No.47/2021 of Police Station Gajner, District

Bikaner provided he/she/they execute(s) a personal bond in the

sum of Rs.50,000/- with two sound and solvent sureties of

Rs.25,000/- each to the satisfaction of learned trial court for

his/her/their appearance before that court on each and every date

of hearing and whenever called upon to do so till the completion of

the trial.

(VIJAY BISHNOI),J

55-mohit/-

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