Rajasthan High Court - Jodhpur
Dharma Ram vs State Of Rajasthan (2025:Rj-Jd:11898) on 3 March, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:11898]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2579/2025
Dharma Ram S/o Shanker Lal, Aged About 45 Years, R/o
Khindasar, P.s.hadda, Bikaner. (At Present Lodged In Central Jail,
Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Hari Shanker Shrimali
For Respondent(s) : Mr. Prem Singh Panwar, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
03/03/2025
1. This application for bail under Section 483 of BNSS has been
filed by the petitioner who has been arrested in connection with
F.I.R. No.09/2025 registered at Police Station Haddan, District
Bikaner, for offences under Sections 8/15 and 18 of the NDPS Act.
2. As per the prosecution, on 18.02.2025, acting upon a secret
information, the SHO Police Station Haddan District Bikaner, along
with his team reached to the fields of the petitioner and saw 102
green plants of poppy with fruits growing illegally thereon. The
police team thereupon uprooted the said plants and upon weighing
them found them to be of 4 Kgs and 300 gms. The petitioner was
arrested on the spot.
3. Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
[2025:RJ-JD:11898] (2 of 3) [CRLMB-2579/2025]
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
counsel contended that since in the present case, the police 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 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.
6. Per contra, learned Public Prosecutor has opposed the bail
application.
7. 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."
[2025:RJ-JD:11898] (3 of 3) [CRLMB-2579/2025]
8. Having considered the rival submissions, facts and
circumstances of the case, this Court prima facie finds that since 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.
9. Consequently, the bail application under Section 483 of BNSS
is allowed. It is ordered that the accused-petitioner Dharma Ram
S/o Shanker Lal arrested in connection with F.I.R. No.09/2025
registered at Police Station Hadan, District Bikaner, 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
240-Dinesh/-
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