[2026:RJ-JP:606]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.

15493/2025 Smt. Kalpana W/o Late Shri Pappu Sansi, Aged About 45 Years, R/o Anu Vihar Colony, Fulera, At Present Near Malti Bhawan, Sansi Basti, Bhagwan Ganj, Police Station Ramganj, Ajmer. (At Present Accused Confined In Central Jail, Ajmer).

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Nirmal Kumar Sharma For Respondent(s) : Mr. Amit Gupta, Addl. G.A. cum P.P.

HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

08/01/2026

1. Petitioner has filed this bail application under Section 483 B.N.S.S., arising out of F.I.R. No.264/2025 registered with the Police Station Ramganj (Ajmer), District Ajmer for offence under Sections 8 & 22 of N.D.P.S. Act.

2. Learned counsel for the petitioner submits that the accused-petitioner has falsely been implicated in this case. Learned counsel further submits that 10.40 gm MD contraband has been recovered from co-accused, Ms. Shalu Malawat, which is less than the commercial quantity. He also submits that the accused-petitioner is in custody since 19.09.2025 and trial of the case is likely to take considerable time to conclude, therefore, the accused-petitioner may be released on bail.

3. Learned Public Prosecutor has vehemently opposed the bail application and submits that there is a recovery of 10.40 gm MD contraband from the possession of the accused-petitioner, therefore, she does not deserve indulgence of bail by this Court.

4. Considered the submissions made at bar and also perused the material made available on record.

5. The allegation against the petitioner relates to commission of offence under the provisions of Section 8 & 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the alleged recovery from them is of 10.40 grams MD contraband, which is stipulated to be less than 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 just and proper to enlarge the accused-petitioner on bail.

8. Accordingly, the present bail application is allowed and it is directed that the accused-petitioner shall be released on bail provided that she furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lax Only) together with two sureties in the sum of Rs.50,000/-(Rupees Fifty Thousand Only) each to the satisfaction of the learned Trial Court with the stipulation that she 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 ARTI SHARMA /141