[2026:RJ-JP:554]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14500/2025 Rahil Khan Alias Anas S/o Mohammed Raies, Aged About 28 Years, Resident Of Makan No. 4538 Ghoda Nikas Road Police Station Ramganj District Jaipur (At Present Confined In Central Jail Jaipur (Raj.)

----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Sudesh Saini, Public Prosecutor HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

08/01/2026

1. This criminal misc. 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.350/2025 registered at Police Station Ramganj, Jaipur City (North) for offence under Section 8/21 of the N.D.P.S. Act.

2. Learned counsel for the petitioner submits that the recovery of the alleged contraband from the possession of the accused- petitioner is of 5.40 gram smack, which is less than the commercial quantity. He further submits that the Police after completion of investigation has already submitted the charge- sheet in the matter and the accused-petitioner is in custody since

13.10.2025.

3. Learned Public Prosecutor vehemently opposed the bail application and submits that there is a recovery of 5.40 gram smack from the possession of the petitioner, therefore, he does not deserve indulgence of bail by this Court.

4. Considered the submissions made by learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material available on record.

5. The recovery of contraband from the possession of the accused-petitioner is 5.40 gram smack which is less than stipulated commercial quantity as the commercial quantity of the said contraband is 250 gram.

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. In view of 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.

8. 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 upon to do so.

(GANESH RAM MEENA),J Ashish Kumar /102