SHIVJI RAM @ SHIVJI 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 custody in connection with F.I.R. No. 0025/2023, Police Station Mangaliyawas, District Ajmer, for the offence under Sec. 8/18 for the NDPS Act.

(2.) Heard learned Counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

(3.) Learned Counsel for the petitioner submits that as per Note No. 3 appended below the Schedule of the NDPS Act, cultivation of poppy straw would be punishable under Sec. 18(C) of the NDPS Act and thus, the restriction contained in Sec. 37 of the NDPS Act cannot operate against the petitioner. He contends that the petitioner has no previous criminal antecedents. He submits that investigation is complete and charge-sheet has been filed and the trial of the case is likely to consume time. He thus prays that the petitioner deserves to be released on bail.