[2026:RJ-JD:7674]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 553/2026 Ram Singh S/o Megh Singh, Aged About 47 Years, Resident Of Vajmiya, Police Station Vallabhnagar, District Udaipur,rajasthan.

(At Present Lodged In Central Jail Udaipur)

----Petitioner Versus State Of Rajasthan, Through The Public Prosecutor ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 15484/2025 Jawan Singh S/o Vag Singh, Aged About 70 Years, Vajmiya Polce Station Vallbhnagar District Udaipur (At Present Lodged In Central Jail Udaipur)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Abhimanyu Singh Ranawat Mr. Ram Singh Rawal For Respondent(s) : Mr. Hathi Singh Jodha, PP Mr. Hukam Singh, IO, present in person HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR

Order

11/02/2026

1. The petitioners has filed these bail applications under Section 483 of BNSS in FIR No.55/2024 registered at Police Station Vallabhnagar, District Udaipur for offence under Sections 8/20 of NDPS Act.

2. Since both these bail applications arise out of common FIR, hence, they are being decided by this common order.

Public Prosecutor and perused the material available on record.

petitioners have falsely been implicated in these cases. He again submitted that in the present matter, the petitioners are charged for having the conscious possession of alleged contraband Ganja weighing 24.800 Kgs. which is above commercial quantity. It is further submitted that a bare perusal of the FIR reveals that the same was recovered from the open fields from the joint possession of the petitioners as well as 23 Khatedars of land in the form of cultivating cannabis plants.

Learned counsel also contended that the prosecution have weighed the whole plants without removing the leaves, stems, roots, leaves etc., which does not falls under the ambit of Section 2(iii)(b) of the NDPS Act. He again submitted that as per the definition of Ganja given under Section 2(iii)(b), it is only the flowering or fruit tops of the cannabis plants, excluding the seeds and leaves, when not accompanied by the tops, it would become Ganja. In the present case, the allegation against the present petitioner is of cultivation of cannabis plants and nothing more. Therefore, while excluding the seeds and leaves, naturally, the measurement of the seized article will certainly go down and comes under the purview of below the commercial quantity.

Lastly, learned counsel submitted that the petitioner Ram Singh is in custody since 21.12.2025 and petitioner Jawan Singh since 02.12.2025. Though, there are four criminal antecedents of petitioner Ram Singh but of different nature and one case against petitioner Jawan Singh of similar nature in which he has been bailed out. The embargo contained under Section 37 of the NDPS Act, would not be attracted to such offence. The trial of the case will take considerable time, therefore, no fruitful purpose would be served by keeping the petitioners in further custody and the bail application of the petitioners may be allowed.

5. Learned Public Prosecutor has vehemently opposed the bail application.

6. On consideration of the rival submissions and material available on record and in the light of submission made by learned counsel for the petitioners, especially, considering the definition of Ganja given under Section 2(iii)(b), but without expressing any opinion on merits/demerits of the case, I am inclined to grant benefit of bail to the petitioners.

7. Consequently, the bail applications under Section 483 B.N.S.S. are allowed and it is directed that the petitioners Ram Singh S/o Megh Singh and Jawan Singh S/o Vag Singh, be released on bail provided each of them furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation that each of them shall appear before that Court on all subsequent