[2025:RJ-JP:43507]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal 2^nd Miscellaneous Bail Application No. 12814/2025 Sadan Killo S/o Shri Rama Killo, Aged About 29 Years, R/o Village Rupbeda, Panchayat Haldikund, District Karoput, Odisha.

(Presently Confined In Central Jail Jaipur).

----Petitioner Versus Union Of India, Narcotics Control Bureau Through Standing Counsel.

----Respondent For Petitioner(s) : Mr. Rajveer Singh Gurjar For Respondent(s) : MR. Tej Prakash Sharma, Special PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

30/10/2025

1. The second bail application under Section 483 of BNSS is filed by the applicant-accused Sadan Killo S/o Shri Rama Killo seeking bail in respect of a criminal case registered as FIR No.VIII(10)7/NCB/JPZU/2024 dated 20.03.2025 registered at P.S. NCB, Jaipur, for the offence under Sections 8/29 of NDPS Act. The first bail application was dismissed as withdrawn with liberty to file after filing of charge-sheet.

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 further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. He also submits that the applicant undertakes not to repeat offence and cooperate withtrial, which will take time.

3. Learned counsel for petitioner further submits that the material on record clearly indicated that Ganja is recovered from possession of accused Vikas Kumar and Vikas Lamba and both are not having any connection with present petitioner. He also submitted that present peritioner is resident of Odisha and as per prosecution, accused Vikas Kumar and Vikas Lamba are in contact with Santosh who supplied Ganja (contraband) to Vikas Kumar and Vikas Lamba. He further submitted that only allegation upon present petitioner is that Santosh is using SIM which was issued in the name of present petitioner and only because of use of this mobile SIM, present petitioner was arrayed as one of the accused for consipracy and abatement of the crime. He further submitted that there is no evidence to show that petitioner is connected with the crime in any manner. He further placed reliance upon order dated 21.02.2024 in SLP (Criminal) No. 16642/2023 titled as Shince Babu Vs. State of Kerala and Anr. and submitted that since no recovery is effected from present petitioner therefore provision of Section 37 of NDPS Act is not applicable in the instant case.

4. Learned Sepcial Public Prosecutor has vehemently opposed the bail application and submitted that unless twin conditions of bail is satisfied, petitioner is not entitled for bail. He placed reliance upon judgment in case of Union of India Vs. Ram Samujh and Anr. (1999) 9 SCC 429 and Virupakshappa Gouda and Anr. Vs. State of Karnataka and Anr. (2017) 5 SCC 406 and submitted that in the instant case there is recovery of huge quantity of Ganja which is more than 30 Kg and same is commercial quantity thus it is necessary for this Hon’ble Court to record satisfaction about Section 37 of NDPS Act. He further referred the circumstances mentioned by the investigating agency and submitted that petitioner was in contact with Santosh who was using mobile SIM issued in the name of present petitioner and further the call detail and forensic investigation clearly suggest that Santosh and present petitioner were hand in gloves with each other in trading of Ganja.

5. Heard learned counsel for the petitioner-accused and learned Special Public Prosecutor. Perused the material placed on record by both the parties.

6. The material on record clearly indicated that on 15.05.2024 after procuring information, Mahesh Chand Meena has intercepted Vikas Kumar and Vikas Lamba when they were travelling in roadways bus and on the basis of recovery of smore than 30.640 Kg Ganja from joint possession of Vikas Lamba and Vikas Kumar, a case No. VIII(IO)07/N