GANPAT LAL 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.16/2022, Police Station Jhab, District Jalore, registered for the offence punishable under Ss. 8/15 and 8/18 of the NDPS Act.

(2.) Heard and considered arguments advanced by learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(3.) Learned counsel for the petitioner stated that as per prosecution, 5240 green plants of opium/poppy husk have been recovered from the possession of the petitioner. Learned counsel while submitting copies of orders passed by co-ordinate Bench(s) of this Court stated that as per the notification dtd. 16/7/1996, issued by the Central Government, specifying small and commercial quantity and the Sec. 18(C) of the NDPS Act, the maximum punishment can be awarded to an accused person for possessing opium plant is up to 10 years, therefore, Sec. 37 of the NDPS Act is not applicable in the matter. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.