[2026:RJ-JD:2890]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Interim Bail Application No.

14726/2025 Subash S/o Shri Shiv Lal, Aged About 28 Years, Resident Of Jajiwal Vishnoiyan (Dhora), Police Station Banar, Jodhpur. (At Present Lodged In Central Jail, Jodhpur)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Interim Bail Application No.

425/2026 Ramchandra S/o Shri Durga Ram, Aged About 26 Years, Resident Of Netra, Police Station Karwar, Jodhpur East (Rajasthan). (At Present Lodged In Central Jail Jodhpur)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ravinder Singh Mr. Kailash Khilery Mr. Ashok Bishnoi For Respondent(s) : Mr. Hanuman Ram Prajapati, PP HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

16/01/2026 The petitioners, who are presently in custody for the offence under Section 8/15 of the NDPS Act, have preferred the present interim bail applications seeking interim bail on the grounds of a pre-existing spinal injury/abdominal ailment in respect of petitioner Subhash and the advanced stage of pregnancy of the wife of petitioner Ramchandra, respectively.

This Court, upon perusal of the case file, finds that on

07.05.2025, contraband (poppy husk/straw) weighing 228.465 kilograms was recovered by the police. The said contraband was recovered from the conscious possession of petitioner Subhash, whereas petitioner Ramchandra was found escorting the vehicle carrying the contraband.

The material available on record indicates that at the time of arrest, petitioner Subhash was already undergoing treatment for his spinal injury/abdominal ailment, and the wife of petitioner Ramchandra was pregnant. Despite having full knowledge of the legal consequences attendant upon involvement in the illegal trade of narcotic substances, and being fully aware of their personal and family circumstances, the petitioners, prima facie, voluntarily involved themselves in the illegal transportation of the contraband.

It is a settled position of law that grant of interim bail to an accused in an NDPS case soon after arrest on the ground of a pre- existing illness would not only be contrary to the spirit and object of the NDPS Act but would also convey a wrong message to society that suffering from such ailments grants a licence to indulge in serious offences with impunity.

In view of the aforesaid discussion, this Court finds no ground to grant interim bail to the petitioners. These interim bail applications are accordingly rejected.

However, the concerned jail authorities are directed to ensure that petitioner Subhash is provided with adequate and proper medical treatment for his ailment in accordance with law.

(KULDEEP MATHUR),J

67-68 divya/-