Research › Search › Judgment

Rajasthan High Court · body

2023 DIGILAW 1236 (RAJ)

Shivji Ram @ Shivji v. State of Rajasthan

2023-06-02

ANIL KUMAR UPMAN

body2023
ORDER : 1. The present bail application has been filed under Section 439 Cr.PC. 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 Section 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 Section 18(C) of the NDPS Act and thus, the restriction contained in Section 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. 4. Learned Public Prosecutor vehemently opposes the submissions advances by the learned counsel for the petitioner. 5. Having considered the arguments advanced by the learned counsel for the parties, it is evident that the offence of cultivating opium poppy would be covered by Section 18(C) of the NDPS Act in view of the Note No. 3 appended below the Schedule of the NDPS Act. Therefore, the restriction contained in Section 37 of the NDPS Act would not be applicable in such a case. The petitioner is in custody. Investigation is complete and charge-sheet has been filed. The trial of the case is likely to consume time. 6. In this background and having regard to the overall facts and circumstances available on record, this Court is of the opinion that the petitioner deserves to be released on bail. 7. Consequently, the bail application is allowed. It is ordered that the accused-petitioner namely Shivji Ram alias Shivji S/o. Late Shri. Tejaram arrested in connection with F.I.R. No. 0025/2023, Police Station Mangaliyawas, District Ajmer shall be released on bail; provided he furnishes a personal bond of Rs. 80,000/- and two surety bonds of Rs. 40,000/- each to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.