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[2026:RJ-JP:4526]

HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 801/2026

Kailash Chand Sansi S/o Shri Shiv Karan Sansi, R/o 30, Village

Badi Ka Bas, Tonk Road, Bilwa Kalan, Sanganer, District Jaipur,

Rajasthan. (At Present Confined In Central Jail Jaipur).

----Petitioner

Versus

State of Rajasthan, through PP

----Respondent

For Petitioner(s) : Mr. Kishan Swami

For Respondent(s) : Mr. Tapesh Agarwal, Public Prosecutor

HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

31/01/2026

1. The instant bail application has been filed under Section 483

of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of

accused-petitioner in connection with FIR No.623/2024 registered

at Police Station Shivdaspura, District Jaipur City (South) for

offences under Sections 8/20 & 8/21 of the N.D.P.S. Act.

2. Learned counsel for the petitioner submits that the allegation

against the accused-petitioner is of an offence punishable under

Section 8/29 of the NDPS Act. He also submits that no contraband

has been recovered from the possession of the present accused-

petitioner.

3. It is also submitted by counsel for the petitioner that from

possession of the co-accused 984 gram ganja and 68 gram smack

were recovered which are less than the commercial quantity. It is

also submitted that the accused-petitioner is behind the bars since

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23.12.2025 and he is no more required for any kind of

interrogation or recovery.

4. Learned Public Prosecutor vehemently opposed the bail

application and submits that as per the evidence collected during

investigation, the accused-petitioner is involved in the

transportation and distribution of the contraband and therefore, he

does not deserve to be released on bail.

5. Considered the submissions made by counsel for the

accused-petitioner as well as learned Public Prosecutor and also

perused the case diary.

6. The allegation against the accused-petitioner is that he is

said to have provided the alleged contraband to the co-accused,

namely, Beena Sansi from whose possession the alleged

contraband is said to have been recovered.

7. The alleged contraband which has been recovered from

possession of the co-accused is less than stipulated commercial

quantity.

8. The Hon’ble Apex Court in the case of Puranmal Jat Vs.

State of Rajasthan in Criminal Appeal No.3394/2023

arising out of SLP (Crl.) No.10670/2023 decided on

02.11.2023 has enlarged the accused therein on bail and

observed as under:-

“The allegations against the appellant relate to

commission of offence under the provisions of

Sections 8 and 15 of the Narcotic Drugs and

Psychotropic Substances Act, 1985 (hereinafter

called “the Act”). Alleged recovery from him is about

35 kgs. and 150 grams Doda Posh (Poppy straw).

The commercial quantity for poppy straw is 50 kgs.

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The appellant is in custody for over seven months.

Charge-sheet has been submitted in the case. The

recovered contraband item having weight less than

the stipulated commercial quantity, the restriction

on grant of bail under Section 37 of the Act does not

apply in his case. We do not think his continued

detention pending trial is necessary in the given

circumstances.”

9. Having regard to the discussions made above, this Court

without expressing any opinion on the merits or demerits of the

case, deems just and proper to enlarge the accused-petitioner on

bail.

10. Accordingly, the bail application under Section 483 B.N.S.S.

is allowed and it is ordered that the accused-petitioner named

above shall be enlarged on bail provided, he furnishes a personal

bond in the sum of Rs.1,00,000/- together with two sureties of

Rs.50,000/- each to the satisfaction of the learned trial Judge for

his appearance before the Court concerned on all the dates of

hearing and as and when called