[2025:RJ-JD:55117]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 15552/2025 Premaram S/o Munaram, Aged About 33 Years, R/o Sinwero Ki Dhani Village Danok Police Station Jamba District Phalodi(Jodhpur) (Presently Under Judicial Custody In Phalodi Jail)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Hadmana Ram For Respondent(s) : Mr. Sameer Pareek, PP HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

18/12/2025

1. This bail application has been filed by the accused-petitioner under Section 483 B.N.S.S., in connection with F.I.R. No. 56/2025 registered at the Police Station Jamba, District Phalodi for the offences punishable under Section 8/15 & 29 of NDPS Act.

2. Counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. Counsel further submits that the recovered contraband i.e. Poppy Straw is 3.100 kg. which is less than the commercial quantity. Counsel further submits that the accused-petitioner is in custody since 11.12.2025. The trial will take its own time and therefore, the petitioner may be released on bail.

3. Learned Public Prosecutor has vehemently opposed the bail application and submits that there is recovery of 3.100 kg. Poppy Straw from the possession of the petitioner, therefore, he does not deserve indulgence of bail by this Court.

4. Considered the submissions made at Bar.

5. The allegation levelled against the accused-petitioner relates to commission of offence under the provisions of Sections 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the alleged recovery of Poppy Straw (3.100 kg.) is stipulated to be less than the commercial quantity. The restriction for grant of bail under the provisions of Section 37 of the N.D.P.S. Act does not apply in the present case.

6. 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. 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.”

7. Having regard to the above, this Court without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the accused-petitioner on bail.

8. Accordingly, this bail application is allowed and it is directed that accused-petitioner shall be released on bail provided that he furnish a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only), together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the trial Court with the stipulation that he shall appear before that Court or any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

(GANESH RAM MEENA),J

522-nishantk/-