Rajasthan High Court - Jodhpur
Vinod Alias Lokesh vs State Of Rajasthan (2025:Rj-Jd:15345) on 21 March, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:15345]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3465/2025
Vinod @ Lokesh S/o Shri Shanker Lal, Aged About 34 Years, R/o
Village Gorana, Ps - Jhadol, 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. Sameer Pareek, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
21/03/2025
1. This application for bail under Section 439 of Cr.P.C. (Section
483 of BNSS) has been filed by the petitioner who has been
arrested in connection with F.I.R. No.95/2025 registered at Police
Station Gogunda, District Udaipur, for offences under Sections
8/18 and 8/29 of the NDPS Act.
2. As per the prosecution, on 20.02.2025, acting upon a secret
information, the SHO P.S. Gogunda, reached Bheemkund Ashram
at Village Saleria Gram Panchayat Morwal and found therein illegal
cultivation of the poppy plants (total 95.005 kgs) being done near
the stairs going towards the hill behind the Aashram.
3. Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
4. Learned counsel for the petitioner submitted that the offence
allegedly committed by the petitioner is covered under Section 8
[2025:RJ-JD:15345] (2 of 3) [CRLMB-3465/2025]
(b) of the NDPS Act which is punishable under Section 18. Learned
counsel contended that since in the present case, the team of P.S.
Gogunda 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 cultivation of 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:15345] (3 of 3) [CRLMB-3465/2025]
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 439 of
Cr.P.C. (Section 483 of BNSS) is allowed. It is ordered that the
accused-petitioner- Vinod @ Lokesh S/o Shri Shanker Lal
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 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
325-himanshu/-
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