[2025:RJ-JD:47692]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 3^rd Bail Application No. 12413/2025 Raghu S/o Gokul Rebari, aged about 34 Years, R/o Mewasa Ki Dhani Arnoda P S Sadar Nimbahera District Chittorgarh (At Present Lodged in District Jail Chittorgarh)

----Petitioner Versus Union of India, through CBN ----Respondent For Petitioner(s) : Mr. Kailash Khilery For Respondent(s) : Mr. K.S. Nahar, Spl. PP, CBN HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

06/11/2025 This third application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.12/2023 registered at Police Station CBN, Chittorgarh, for the offences punishable under Section 8/18 of NDPS Act.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Learned counsel submitted that as per the prosecution, on 06.12.2023, the competent official of NCB acting upon a secret information flagged down one car bearing registration No.RJ09-CA-1500 at Chittorgarh- Bhilwara Highway. After duly following the procedure provided under NDPS Act, when the car was searched, 04 Kgs. of opium was recovered from two separate bags. The petitioner and co-accused Pushkar Lal were arrested on the spot.

Learned counsel submitted that the statements of the seizure officer (PW-01) have already been recorded before the competent criminal Court. He submitted that material available on record indicates that during the course of investigation, it was found that recovered contraband was separately procured by the petitioners. Further, in utter disregard to the provisions of NDPS Act, entire seizing proceedings were conducted in the office of NCB which is about 25 Kms. away from the place of incident. Thus, the proceedings conducted by the NCB officials are not beyond the shadow of doubt.

Lastly, learned counsel submitted that the petitioner is in judicial custody since 06.12.2023; the petitioner does not have any criminal antecedents; the statements of the seizure officer have already been recorded before the competent criminal Court and, therefore, now there is no apprehension of petitioner influencing him; the trial of the case will take sufficiently long time, therefore, the benefit of bail may be granted to the accused-

petitioner.

Per contra, learned Public Prosecutor has vehemently opposed the bail application.

Having considered the rival submissions, facts and circumstances of the case, this Court prima facie finds that though 04 Kgs. of contraband (opium) was recovered by NCB from two separate bags. It is the case of the petitioner that the same was not jointly procured by him and co-accused Pushkar Lal; the documents with regard to seizing proceedings were prepared by the NCB officials far away from the place of recovery; no justification for not conducting entire seizing proceedings on the spot is available on record; the statements of the seizure officer have already been recorded before the competent criminal Court; the petitioner does not have any criminal antecedents. Learned Public Prosecutor has not shown any apprehension of petitioner involving himself in a case of similar nature or fleeing away from justice, in case he is enlarged on bail.

The twin conditions enumerated under Section 37 of the NDPS Act are duly satisfied in the present case. Thus, without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail.

Consequently, the third bail application under Section 483 BNSS is allowed. It is ordered that the accused-petitioner Raghu S/o Gokul Rebari arrested in connection with F.I.R. No.12/2023 registered at Police Station CBN, Chittorgarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,