Bail can be granted where individual possession of drugs is established and no risk of absconding or tampering exists.

Order

03/10/2025

1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Tanishq Arora S/o Shri Subhas Kumar Arora, seeking bail in respect of a criminal case registered as FIR No.344/2025 dated 02.09.2025 registered at P.S. Bajaj Nagar, District Jaipur City (East) for the offences under Sections 8 /20, 8/21, 8/25 and 8/29 of NDPS Act .

2. Learned counsel for the applicant submits that the applicant has been falsely implicated in the matter and the investigation against him is complete and he is no more required in investigation. He also submits that the applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. He further referred CCTV footage of building and deletion from DVR by police and submitted that no independent witness is called before search and seizure.

3. Learned counsel for applicant-accused submitted that applicant-accused is an innocent person. He further submits that 6.91 gram of cocaine and 4.90 gram of ganja was recovered from possession of present petitioner. He further submits that recovered ganja was shown by police as imported hybrid ganja and same is not classified separately in the schedule under the NDPS Act . He also submits that the recovered quantity 4.90 gram ganja is small quantity and offence is triable by Magistrate. He further submits that 6.91 gram cocaine is more than small quantity but it is less than commercial quantity. He further submits that the note appended by police clearly indicates that pure weight of cocaine was not possible as same is within plastic pouches and not in a position to scratch from plastic pouches. He further submits that separate recovery was also effected from other accused, namely, Devanshu Jain and Ganesh Adwani but it is not a case of joint recovery.

4. He further placed reliance upon judgment in case of Akhlak @ Vilsan vs. State of Rajasthan , 2010(2) CRiLR 1542 = 2010 WLC 553 and submitted that when contraband has allegedly been recovered from more than two accused severally, then same has to be considered as severally and on account of their individual possession and accordingly, the category of small or commercial has to be considered. He further submits that MDMA is recovered from Devanshu Jain whereas D28 drugs were allegedly recovered from Ganesh Adwani and same is not part of recovery from present petitioner. He also submits that there are no chance of fleeing of applicant-accused from the jurisdiction of this Hon’ble Court. The applicant does not have any criminal antecedents, who is a young person. He further submits that petitioner is in custody since 02.09.2025 and trial will take its time, thus, the applicant may be enlarged on bail.

5. Learned Public Prosecutor has vehemently opposed the bail applications and submissions made by learned counsel for the applicant-accused. He submitted a report received from Police Station Jawahar Circle, Jaipur City (East).

6. Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material placed on record by both the parties.

7. On 02.09.2025, Kavita, in-charge Sub-Inspector, Police Station Bajaj Nagar, on an information from informer, reached near Royal Palm Apartments, Tonk Road, Mahaveer Nagar, where she detained and three persons Devanshu Jain, Tanishq Arora and Ganesh Adwani on suspicion of possessing contraband articles and after serving them a notice under Section 50 of NDPS Act , a recovery has been effected. As per report, 4.36 gram MDMA is recovered from Devanshu Jain, 6.91 gram cocaine in six plastic pouches and 4.9 gram hybrid foreign ganja were recovered from Tanishq Arora and 28 tablets of D28 (12.2 grams) and 64 ticket LSD (0.84 gram) were re