[2025:RJ-JP:50818]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 15732/2025 Suneel S/o Dhannalal, Aged About 35 Years, R/o 263 Vishnupura Virami, Police Station Dangiyawas, District Jodhpur (Rajasthan)

(Presently Confined In Sub Jail, Ramganj Mandi)

----Accused-Applicant Versus The State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Dinesh Kumar Garg, Adv.

For Respondent(s) : Mr. Devi Singh, Dy.GA HON'BLE MR. JUSTICE ASHUTOSH KUMAR

Order

16/12/2025

1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the order dated 06.11.2025 passed by learned Special Judge, NDPS Act Cases-Cum Additional Sessions Judge, Ramganj Mandi, District Kota in connection with FIR No. 336/2023, registered at Police Station Suket, District Kota Rural for the offence punishable under Section 8/15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act'), by which the bail application of the accused-applicant under Section 483 of the B.N.S.S, 2023 has been dismissed.

the date of incident i.e. 09.10.2023, 46.650 Kg of poppy husk was recovered from one Swift Dzire bearing registeration No. DL 12 CH was not present at the time of recovery. Learned counsel argues that the accused-applicant was arrested on 01.11.2025 and since then, he is behind the bars. Learned counsel also argues that the quantity of the poppy husk allegedly recovered i.e. 46.650 Kg, which is less than the commercial quantity. Learned counsel prays that the investigation and trial will take long time to conclude, therefore, the accused-applicant be enlarged on bail.

3. On the other hand, learned Public Prosecutor opposes the bail application.

4. Heard learned counsel for the parties and also perused the material available on record.

5. Having regard to the facts and circumstances of the case and the fact that the accused-applicant was not arrested on the place of the incident with any contraband; that the contraband was recovered on 09.10.2023, whereas, the accused-applicant was arrested on 01.11.2025; that the investigation and trial will take time to conclude and that the alleged recovery of poppy husk is 46.650 Kg, which is less than the commercial quantity, therefore, without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the accused-applicant.

6. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Suneel S/o Dhannalal, arrested in FIR No. 336/2023, registered at Police Station Suket, District Kota shall be released on bail; provided he furnishes personal bond in the sum of Rs.1,00,000/- and two solvent sureties of Rs.50,000/- each to the satisfaction of the learned trial Court.

7. The accused-applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so.

(ASHUTOSH KUMAR),J Mohita /244