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2026 Supreme(Online)(Raj) 2765

HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
FARJAND ALI
DHARMVEER – Appellant
Versus
STATE OF RAJASTHAN – Respondent
CRLMB / 13906 / 2025



[2026:RJ-JD:471]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 4th Bail Application No. 13906/2025 Dharmveer S/o Mahendra Singh, Aged About 38 Years, Chak 14 Ward No 09 Gram Panchayat 15 A Tehsil Anopgarh Police Station Anopgarh Presenetly Residing At 02 Pgm Tehsil Anopgarh Police Station Anopgarh District Sri Ganganagar Raj. (At Present Lodged In District Jail Hanumangarh)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Achla Ram For Respondent(s) : Mr. Sri Ram Choudhary, AGA HON'BLE MR. JUSTICE FARJAND ALI

Order

06/01/2026

1. The jurisdiction of this court has been invoked by way of filing an application under Section 483 BNSS at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

S.No. Particulars of the Case
1. FIR Number 379/2022
2. Concerned Police Station Sadar Hanumangarh
3. District Hanumangarh
4. Offences alleged in the FIR Section 8/15 & 25 of the NDPS Act
5. Offences added, if any -
6. Date of passing of impugned order -

order

2. Briefly stated, the facts of the present case are that on

15.12.2022 at about 9:00 P.M., during naka-bandi conducted near Ryan College, Jandawali, the Station House Officer, Lakhvir Singh of Police Station Sadar, Hanumangarh, intercepted a white coloured Honda Mobilio car bearing registration No. RJ-13-UA- 7768. Upon search of the vehicle, eight black plastic bags containing poppy straw (doda post husk), each weighing approximately 19 kilograms, with a total weight of about 152 kilograms, were recovered from the space between the middle and rear seats of the car.

2.1. At the time of interception, one person seated on the driver’s seat and another seated on the front conductor seat alighted from the vehicle and fled towards the agricultural fields situated on the southern side of the road. After completing the spot proceedings, the police party returned to the police station, where FIR No.379/2022 was registered for offences under Sections 8/15 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and investigation was initiated. The investigation was subsequently entrusted to Bhajan Lal, Sub-Inspector and Station House Officer, Police Station Goluwala.

2.2. During the course of investigation, the applicant/accused Dharamveer was arrested and remanded to judicial custody. Upon completion of investigation, a charge-sheet was filed against accused Dharamveer for offences under Sections 8/15 and 25 of the NDPS Act; against accused Subhash for offence under Section 8/15 of the NDPS Act; and against accused Bajrang Lal for offences under Sections 8/15 and 29 of the NDPS Act. His third bail application was dismissed as not pressed by this Court vide order dated 15.01.2025 passed in SBCRLMB No.441/2025 with liberty file fresh bail application after recording the statement of IO. Hence the instant bail application.

3. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused- petitioner and he has been made an accused based on conjectures and surmises.

4. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

5. I have heard and considered the submissions made by both the parties and perused the material available on record.

6. Upon a meticulous scrutiny of the material available on record, it emerges that the petitioner was arrested on 15.12.2022 in connection with the alleged recovery of 152 kilograms of poppy husk. Ever since his arrest, the petitioner has remained in continuous judicial custody. Notwithstanding the passage of a considerable length of time, the trial has progressed at a languid pace, inasmu

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