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HIGH COURT OF RAJASTHAN (JAIPUR BENCH)
MR. JUSTICE PRAVEER BHATNAGAR, J
DHARMVEER SANSI @ DHARMA SANSI S/O PRASADILAL SANSI – Appellant
Versus
STATE OF RAJASTHAN – Respondent
Order :
1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 179/2024 registered at Police Station Bhankrota, District Jaipur (West) for the offence(s) under Sections 8/20, 8/28 of NDPS Act.
2. Learned counsel for the petitioner submits that the accused-petitioner has falsely been implicated in this case. It is argued that petitioner was already arrested in the case registered under Section 8/29 of the NDPS Act bearing FIR No. 1149/2023 and in that case the information was rendered by the petitioner. The police in that case did not file the charge-sheet under section 8/20 read with Section 8/29 of NDPS Act rather arrested the petitioner by lodging a separate FIR under Section 8/20 of NDPS Act, though the procedure adopted by the police is not correct. It is alleged against the petitioner that at his instance 19.800kg of Ganja was recovered. The accused petitioner is in custody since 25.05.2024 and charge-sheet has already been produced. Provisions of Section 37 NDPS Act is not attracted as recovered quantity of alleged contraband article is below commercial quantity. Therefo
Bail may be granted when the quantity of contraband is below commercial threshold and the accused has been in custody for an extended period.
Bail was granted due to lack of substantive evidence against the accused-petitioner, emphasizing that disclosure statements from co-accused are inadmissible.
Point of Law : Section 37 of the NDPS Act limits the grant of bail when a person has been apprehended with commercial quantity of prohibited Narcotic Drugs or Psychotropic Substances.
In drug-related offenses involving commercial quantities, the burden lies on the applicant to disprove guilt, with stringent bail considerations under the NDPS Act.
Bail can be denied if serious charges are supported by substantial evidence of guilt.
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