CHENARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.P.C. The petitioner has been arrested in connection with F.I.R. No.42/2022, Police Station Khinvsar, District Nagaur, for the offences punishable under Ss. 8/16, 8/18 of N.D.P.S. Act.

(2.) Learned counsel for the petitioner submits that about 1120 opium plants have been recovered from the possession of the petitioner. Counsel further submits that the case of present petitioner falls under Sec. 18 (C) of N.D.P.S. Act, where the punishment can be awarded to the accused up to 10 years and therefore, Sec. 37 of the N.D.P.S. Act is not applicable. No other criminal case has been registered against the petitioner. The petitioner in judicial custody and the trial of the case will take sufficient long time. Therefore, the benefit of bail should be granted to the accused-petitioner.

(3.) Learned Public Prosecutor has opposed the bail application.