Rajasthan High Court - Jodhpur
Kewalram vs Union Of India (2025:Rj-Jd:12750) on 6 March, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:12750]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2889/2025
Kewalram S/o Moolaram, Aged About 44 Years, R/o Oabalheda,
Thana Bassi, Dist. Chittorgarh (Raj.) (Presently Lodged At Dist.
Jail, Chittorgarh)
----Petitioner
Versus
Union Of India, Through Special Pp, Chittorgarh
----Respondent
For Petitioner(s) : Mr. Mangilal Bishnoi
For Respondent(s) : Mr. Sharwan Singh Rathore, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
06/03/2025
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.01/2025 registered at Police Station C.B.N. Chittorgarh-
II, District Chittorgarh, for offences under Sections 8/18 of the
NDPS Act.
2. As per the prosecution, on 18.02.2025, acting upon a secret
information, the Sub-Inspector, C.B.N., Chittorgarh-II along with
his team reached the field of the petitioner at village Awalhera and
saw green plants of poppy growing illegally at his field in an area
of 65 square metres. The police team thereupon uprooted the said
plants and 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:12750] (2 of 3) [CRLMB-2889/2025]
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.
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."
[2025:RJ-JD:12750] (3 of 3) [CRLMB-2889/2025]
6. 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.
7. Consequently, the bail application under Section 483 of BNSS
is allowed. It is ordered that the accused-petitioner Kewalram S/
o Moolaram arrested in connection with F.I.R. No.01/2025
registered at Police Station C.B.N. Chittorgarh-II, District
Chittorgarh, 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
253-Dinesh/-
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