CHIMAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 78/2022, Police Station Jaitaran, District Pali, registered for the offence under Sec. 8/18 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

(2.) Heard learned counsel for the petitioner as well as learned Public Prosecutor. Perused the material available on record.

(3.) Learned counsel for the petitioner stated that as per the prosecution, 2783 plants of the contraband (i.e., Opium) from the accused-petitioner; that no other case has been registered/pending against the accused-petitioner; that the accused-petitioner was arrested from Hyderabad; that the accused-petitioner is in judicial custody since 21/2/2022; Learned counsel also stated that as per the Note No.3 appearing below the Table appended to NDPS Act, cultivation of opium poppy is covered under Clause (c) of Sec. 18 of the NDPS Act and thus, obviously the restrictions contained in Sec. 37 of the NDPS Act would not be attracted to such offence. Learned counsel for the petitioner further stated that in identical matters, benefit of bail has been granted by this Court. In support of his arguments, learned counsel has placed copies of orders passed by this Court in the cases of Jaganath Vs. State of Rajasthan (Bail Application No. 5008/2021, decided on 6/5/2021) and Shobharam Vs. State of Rajasthan (bail Application No. 5446/2021, decided on 7/5/2021). With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.