The High Court of Rajasthan at Jodhpur granted bail to the petitioner, accused under the Narcotic Drugs and Psychotropic Substances Act for cultivation of cannabis. The court held it just and proper to grant bail under Section 439 Cr.P.C.
Petitioner released on bail in Rs. 1,00,000/- with two sureties of Rs. 50,000/- each pending trial.
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[2023/RJJD/004433]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 538/2023
Mohanlal S/o Dhanna Gameti, Aged About 55 Years, Kyarla, Samoli, P.s. Mandawa Dist. Udaipur (Raj.). (At Present Lodged In Central Jail, Udaipur).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. AnujSahlot |
|---|---|
| For Respondent(s) | : Mr. S. K. Bhati,PP |
HON'BLE MR. JUSTICE MADAN GOPAL VYAS Judgment / Order
07/02/2023
The petitioner has been arrested in connection with FIR No.76/2022 of Police Station Mandawa, District Udaipur for the offence punishable under Section 8/20 NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that as per the prosecution story 645 plants of Ganja have been recovered from the petitioner and the total weight of those plants is 357.300 Kgs. 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 Section 18 of the NDPS Act and thus, the restriction contained in Section 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.
(2 of 2)
[2023/RJJD/004433]
[CRLMB-538/2023]
Learned Public Prosecutor has vehemently opposed the bail application.
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 Section 439 Cr.P.C.
Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Mohanlal S/o Dhanna Gameti shall be released on bail in connection with FIR No.76/2022 of Police Station Mandawa, District Udaipur provided he executes a personal bond in a sum of Rs.1,00,000/- with two sound and solvent sureties of Rs.50,000/- each to the satisfaction of 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.
(MADAN GOPAL VYAS),J
26-nidhi/-
2 issues framed by the court
Whether the petitioner is entitled to bail under Section 439 Cr.P.C. in a case involving cultivation of cannabis under the NDPS Act.
Whether Section 37 of the NDPS Act restricts bail for offences under Section 18 regarding cultivation of cannabis.
4 provisions across 2 enactments
Mohanlal S/o Dhanna Gameti
State Of Rajasthan
Madan Gopal Vyas
As recorded by the court registry
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