RAMPAL Vs. STATE

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No.19/2022 of Police Station Bhawanda, District Nagaur for the offences punishable under Ss. 8/16 and 8/18 of NDPS Act. He has preferred this bail application under Sec. 439 Cr.P.C. Counsel for the petitioner submits that about 300 opium plants have been recovered from the possession of the petitioner. Counsel further submits that the case of the present petitioner falls under Sec. 18(C) of the NDPS Act where the punishment can be awarded to the accused up to 10 years and therefore, Sec. 37 of the NDPS Act is not applicable. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.

(2.) Learned Public Prosecutor vehemently opposed the bail application.

(3.) Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Sec. 439 Cr.P.C.