[2026:RJ-JD:1111]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 13874/2025

Ramesh Alias Rameshwar Lal S/o Shankar Lal Gurjar, Aged About 35 Years, R/o Nayaganv (Hardevpura), P.s. Parsoli, District Chittorgarh Rajasthan ( At Present Lodged At Sub Jail Begu,

Dist. Chittorgarh)

----Petitioner

Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. R.K. Charan.

For Respondent(s) : Mr. Lalit Kishore Sen, PP.

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

08/01/2026

1. This application for bail under Section 483 BNSS (439 Cr.P.C.) has been filed by the petitioner who has been arrested in connection with FIR No.301/2018 registered at Police Station Begun, District Chittorgarh, for offences under Sections 8/15 of

the NDPS Act.

2. Learned counsel for the petitioner submitted that as per prosecution, on 14.12.2018, SHO, Police Station Begun, on receiving a reliable information, conducted Nakabandi near the road leading from Begun to Dorai. At about 07.00 PM, the police team lead by the SHO Begun signalled Duster vehicle bearing registration No.RJ-14-CO-9839 to stop. The driver of the vehicle, upon noticing the police nakabandi fled away from the spot leaving the vehicle. The police tried to chase the fleeing person,

however, due to considerable distance and fog, the person could not be apprehended and he succeeded in escaping. When the vehicle was searched by the police, contraband (poppy husk/straw) weighing 212 Kgs. was recovered from 10 plastic sacks. The police also recovered a mobile phone having sim numbers 9828239978 and 9636726995.

Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. The petitioner has been arrested only on the basis of conjectures and surmises, without there being any cogent evidence available on record indicating that the petitioner was transporting illegal contraband in the offending vehicle or had fled away from the place of the incident.

Drawing attention of the Court towards the recovery memo, learned counsel contended that in the present case, 10 plastic sacks contained poppy husk/straw were seized by the police and the Seizure Officer took samples of 500 gms. each from the sacks and mixed them. Thus, it is clear that the Seizure Officer did not collect separate samples from each sack. Learned counsel for the petitioner, while placing reliance on the decision rendered in the case of Netram vs. State of Rajasthan report in 2014 (1) Cr.L.R. (Raj.) 163, has argued that in the case of Netram (supra), it has been held that if the samples from each bag contining poppy husk/straw have not been collected separately and test by U.N. Kit has not been conducted on each bag and the samples were mixed before sending the same for FSL then the same is not in conformity with the Standing Instruction No.1/88 issued by the N.C.B. New Delhi particularly, instruction No.1.7 and as such, it cannot be said that the narcotic contraband recovered is of commercial quantity or above.

On these grounds, learned counsel for the petitioner has prayed that the petitioner, who has been arrested after more than 4 years of the alleged recovery of the contraband, may be enlarged on bail.

5. Per Contra, learned Public Prosecutor vehemently opposed the bail application and submitted that in the present case, the petitioner has been arrested only on 08.10.2025 in compliance of the standing warrants issued against him. He submitted that the SHO, Begun, on 14.12.2018, received a specific information that the petitioner is transporting contraband greater than commercial quantity in a Duster vehicle, however, when the police tried to stop the vehicle, the petitioner ran away from the place of incident. Learned Public Prosecutor submitted that looking to the seriousness of allegation against the petitioner so also the fact that prima facie, two mobile phones belonging to the petitioner have been recovered from the offending vehicle, the pe