BHANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in connection with FIR No.23/2023, of Police Station Sojat Road, District Pali for the offence punishable under Sec. 8/18 of NDPS Act. He has preferred this bail application under Sec. 439 Cr.P.C.

(2.) Learned counsel for the petitioner submits that as per the prosecution story 284 plants of Ganja have been recovered from the petitioner. It is submitted that as per the Note No.3 appearing below the table appended to NDPS Act, cultivation of cannabis is covered under Clause(c) of Sec. 18 of the NDPS Act and thus, the restriction contained in Sec. 37 of the NDPS Act would not be attracted to such offence. The accused-petitioner is behind bars and the trial of the case will take time. Therefore, it is prayed that the accused-petitioner may be enlarged on bail. Learned Public Prosecutor has 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.