Court grants bail based on weight of contraband below the commercial threshold and absence of prior criminal records in some cases.

Order

09/07/2025

1. Heard learned counsel for the parties and perused the material available on record.

2. The present bail applications have been filed under Section 483 of Bhartiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023 on behalf of the petitioners, who are in custody in connection with F.I.R. No.7/2025 dated 23.01.2025, registered at Police Station Role, District Nagaur, for the offences under Section 8 /15, 21 of NDPS Act.

In CLRMB No.7404/2025

3. Learned counsel for the petitioner submits that the petitioner has been implicated in this case upon the disclosure information of the co-accused Sunil Dedal who stated that he purchased the said contraband from the present petitioner. He further submits that in the FIR the allegations were levelled that the contraband- MDMA weighing 36 grams has been recovered in the present case, however, as per FSL report dated 27.06.2025, upon micro chemical and instrumental examination, the packet containing sample from the recovered substance has given positive test result for the presence of Mephedrone, which is a psychotropic substance under the NDPS Act and the commercial quantity for the substance Mephedrone is 50 grams. He, thus, submits that the contraband recovered in the present case i.e., 36 gm weighs below commercial quantity. He further submits that the petitioner has three criminal antecedents of similar nature in which also the contraband is below commercial quantity and he has been enlarged on bail in two cases by this Court vide orders dated 04.07.2025 passed in CRLMB No.7881/2025 and 7315/2025 respectively and in the third case he has been enlarged on bail by the learned trial Court vide order dated 30.06.2025 passed in Misc. Bail Application No.227/2025. He further submits that the trial of the case will take long time, therefore, the petitioner may be enlarged on bail.

IN CRLMB No.3337/2025

3(1). Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He further submits that in the FIR the allegations were levelled that the contraband- MDMA weighing 36 gms has been recovered from the present petitioner, however, as per FSL report dated 27.06.2025, upon micro chemical and instrumental examination, the packet containing sample from the recovered substance has given positive test result for the presence of Mephedrone, which is a psychotropic substance under the NDPS Act and the commercial quantity for the substance Mephedrone is 50 gm. He, thus, submits that the contraband recovered from the present petitioner weighs below commercial quantity. He further submits that the petitioner has no previous criminal antecedents. He further submits that the trial of the case will take long time, therefore, the petitioner may be enlarged on bail.

In CRLMB No.6480/2025

3(2). Learned counsel for the petitioner submits that petitioner has been implicated in this case upon the disclosure information of the co-accused Surendra and Govind who stated that the said contraband belongs to the present petitioner. He further submits that in the FIR the allegations were levelled that the contraband- MDMA weighing 36 grams has been recovered in the present case, however, as per FSL report dated 27.06.2025, upon micro chemical and instrumental examination, the packet containing sample from the recovered substance has given positive test result for the presence of Mephedrone, which is a psychotropic substance under the NDPS Act and the commercial quantity for the substance Mephedrone is 50 grams. He, thus, submits that the contraband recovered in the present case i.e., 36 gm weighs below commercial quantity. He further submits that the petitioner has no previous antecedents of similar nature. He further subm