[2026:RJ-JD:9153]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 57/2026 Lungia @ Lukiya S/o Shri Kanaji, Aged About 54 Years, R/o Dungaria, Police Station Kotra, District Udaipur. (Presently Lodged In Central Jail, Udaipur)

----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Bharat Shrimali Mr. Naveen Singh For Respondent(s) : Mr. H.S. Jodha, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR

Order

19/02/2026

1. The petitioner has filed this bail application under Section 483 of BNSS in FIR No.169/2025 registered at Police Station Kotra, District Udaipur for offence under Section 8/20 of NDPS Act. 2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.

3. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. He submits that in the present matter, the petitioner is charged for having the conscious possession of alleged contraband ganja plants weighing 26.250 kgs. Learned counsel submits that a bare perusal of the FIR reveals that the alleged contraband was recovered from the open fields, of which the petitioner and 3 other persons are joint Khatedars.

Learned counsel has also contended that prosecution have weighed the whole plants without removing the leaves, stems, roots, etc., which does not fall under the ambit of Section 2(iii)(b) of the NDPS Act. He has 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 weight of the seized article will certainly go down and comes under the purview of below commercial quantity.

Lastly, learned counsel submits that the petitioner is behind the bars since 09.12.2025 without any criminal past. The embargo of Section 37 of the NDPS Act, would not be attracted to such offence. The trial of the case may take considerable time, therefore, no fruitful purpose would be served by keeping the petitioner in further custody and the bail application of the petitioner may be allowed.

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

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

6. Consequently, the bail application under Section 483 B.N.S.S. is allowed and it is directed that the petitioner Lungia @ Lukiya S/o Shri Kanaji be released on bail provided he 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 he shall appear before that Court on all subsequent dates of hearing till conclusion of the trial.

(PRAMIL KUMAR MATHUR),J

14-Rashi/-