Rajasthan High Court - Jodhpur
Bhuwanaram vs State Of Rajasthan (2025:Rj-Jd:15735) on 25 March, 2025
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2025:RJ-JD:15735]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3575/2025
Bhuwanaram S/o Baluram Ji, Aged About 42 Years, R/o Dhankoli
P.s. Mouiasar Dist. Didwana-Kuchaman (Prsently Lodged In Sub
Jail Merta)
----Petitioner
Versus
State Of Rajasthan, Thorugh Pp
----Respondent
For Petitioner(s) : Mr. Mangi Lal Vishnoi
For Respondent(s) : Mr. Sharwan Singh Rathore, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
25/03/2025
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.43/2025 registered at Police
Station Maulasar, District Deedwana-Kuchaman, for offences under
Sections 8/18 of the NDPS Act.
2. As per the prosecution, on 16.03.2025, acting upon a secret
information, the competent officer of the Police Station Maulasar
reached to the agricultural field of the petitioner situated at
Dhankoli and found illegal cultivation of the poppy plants (total
160) weighing 08.450 kgs. being done therein. 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:15735] (2 of 3) [CRLMB-3575/2025]
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 team of
Police Station Maulasar 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
[2025:RJ-JD:15735] (3 of 3) [CRLMB-3575/2025]
clause (c) of section 18 of the Narcotic Drugs and
Psychotropic Substances Act, 1985."
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 Bhuwanaram S/o Baluram Ji arrested in
connection with F.I.R. No.43/2025 registered at Police Station
Maulasar, District Deedwana-Kuchaman, 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
313-himanshu/-
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