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2022 DIGILAW 908 (RAJ)

Ganpat Lal v. State Of Rajasthan

2022-03-16

DEVENDRA KACHHAWAHA

body2022
JUDGMENT Devendra Kachhawaha, J. - The present bail application has been filed under Section 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 Sections 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 dated 16.07.1996, issued by the Central Government, specifying small and commercial quantity and the Section 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, Section 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. 4. Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner. 5. Having regard to the facts and circumstances of the case, particularly looking to the orders passed by co-ordinate Bench(s) of this Court in identical matters, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted. 6. Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Ganpat Lal S/o Bhagga Ram, arrested in connection with F.I.R. No.16/2022, Police Station Jhab, District Jalore, shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.1,00,000/- (Rupees One Lac Only) and two sound and solvent sureties of Rs.50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the learned trial Court for his appearance before that Court on each and every date of hearing and whenever called upon to do so till the completion of the trial.