Rajasthan High Court - Jodhpur
Prakashanand Alias Prakash vs State Of Rajasthan (2025:Rj-Jd:12231) on 4 March, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:12231]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2687/2025
1. Sohan Singh S/o Shri Hem Singh, Aged About 52 Years,
R/o Village Morval- Fala- Kalunda, P.s. Gogunda, Dist
Udaipur (Raj) (Presently Lodged In Central Jail Udaipur)
2. Laxman Singh S/o Shri Surat Singh, Aged About 42
Years, R/o Village Modwav P.s. Gogunda, Dist Udaipur
(Raj) (Presently Lodged In Central Jail Udaipur)
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 2688/2025
Prakashanand Alias Prakash S/o Shri Khuman Ji, Aged About 43
Years, R/o Near Bus Stand Gogunda, Dist Udaipur . At Present
Pujari (Maharaj) Of Bhimkund Ashram -Solariya, P.s. Gogunda,
Dist Udaipur (Raj) (Presently Lodged In Central Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Shambhoo Singh
For Respondent(s) : Mr. Sharwan Singh Rathore, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
04/03/2025
1. These applications for bail under Section 483 of BNSS have
been filed by the petitioners who have been arrested in connection
with F.I.R. No.95/2025 registered at Police Station Gogunda,
District Udaipur, for offence under Sections 8/18 of the NDPS Act.
[2025:RJ-JD:12231] (2 of 4) [CRLMB-2687/2025]
2. As per the prosecution, on 20.02.2025, acting upon a secret
information, the SHO Police Station Gogunda along with his team
reached near the Bheem Kund Ashram at village Solariya and
upon a search being made found various green plants of poppy
with flowers as well as fruits growing illegally therein. The police
team thereupon uprooted the said plants and upon weighing them
found them to be of 95.005 Kgs. The petitioners were arrested on
the spot.
3. Heard learned counsel for the petitioners and learned Public
Prosecutor. Perused the material available on record.
4. Learned counsel for the petitioners 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 petitioners are in
judicial custody; no case of similar nature is pending against the
petitioners and the trial of the case will take sufficiently long time,
[2025:RJ-JD:12231] (3 of 4) [CRLMB-2687/2025]
therefore, the benefit of bail may be granted to the accused-
petitioners.
6. Per contra, learned Public Prosecutor has opposed the bail
applications.
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."
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 petitioners tampering with
the evidence or involving themselves in cases of similar nature in
case they are 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 petitioners on bail.
9. Consequently, the bail applications under Section 483 of
BNSS are allowed. It is ordered that the accused-petitioners
namely Sohan Singh S/o Shri Hem Singh, Laxman Singh S/o
Shri Surat Singh and Prakashanand Alias Prakash S/o Shri
[2025:RJ-JD:12231] (4 of 4) [CRLMB-2687/2025]
Khuman Ji arrested in connection with F.I.R. No.95/2025
registered at Police Station Gogunda, District Udaipur, shall be
released on bail, if not wanted in any other case, provided each of
them 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
their 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
289-Dinesh/-
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