[2026:RJ-JD:12393]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. 2^nd Bail Application No. 6048/2025 Sohaib Khan S/o Bhura Khan Mewati Musalman, Aged About 22 Years, Resident Of Ward No. 10, Khan Mohalla, Mundlaram P.s. Kalukhera, District Ratlam (M.p.). (At Present Lodged In District Jail, Chittorgarh)

----Petitioner Versus State Of Rajasthan, Through Pp.

----Respondent For Petitioner(s) : Mr. Kailash Khilery For Respondent(s) : Mr. Prem Singh Panwar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

16/03/2026

1. The instant second bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused- petitioner has been arrested in connection with FIR No. 520/2021 registered at Police Station Nimbahera Sadar, District Chittorgarh for the offences under Sections 8/15, 29 of NDPS Act.

2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. It is alleged against the petitioner that he along with the co-accused Satpal Singh transported commercial quantity of contraband poppy straw in a vehicle. It is further contended that the co- accused Satpal Singh died during pendency of trial. The petitioner was not aware that Satpal Singh was transporting contraband article poppy straw in the said vehicle. The petitioner has nothing to do with the contraband poppy straw and that the other co-

accused Gouri Khan and Gurprit Singh, against whom it is alleged that they were with a connivance of other co-accused Satpal Singh, have already been enlarged on bail by the Co-ordinate Bench. It is also argued that two charge-sheet were submitted and out of cited 25 prosecution witnesses, only 6 witnesses have been examined. The accused-petitioner is in custody since 26.12.2021 and the trial/investigation of the case may take considerable time, therefore, considering the long incarceration of the petitioner, the bail application of the accused-petitioner may be allowed.

3. Learned Public Prosecutor has vehemently opposed the bail application and contended that petitioner was apprehended at the spot along with the other co-accused Satpal Singh and commercial quantity of poppy straw containing weight of 705 Kgs. was recovered from the vehicle. At this juncture, it cannot be said that petitioner was not involved in the said crime. Mere delay in trial cannot be a ground to dilute the condition enshrined under Section 37 of the NDPS Act, which is a mandatory condition in nature. Learned Public Prosecutor also submits that previously the bail application of the petitioner was dismissed by this Court vide order dated 19.12.2024 recording the observation that under Section 37 of the NDPS Act, mere delay cannot be a ground to dilute the condition, therefore, on the above ground, the bail application of the petitioner deserves dismissal.

4. Heard and perused the material available on record.

5. The first bail application of the petitioner was dismissed by this Court vide order dated 19.12.2024 recording the reasons that commercial quantity of contraband article weighing 705 Kgs. of poppy straw was recovered from a vehicle and petitioner's presence was found in the said vehicle. Further, mere delay in trial cannot be a ground to dilute the condition mentioned under Section 37 of the NDPS Act. This Court while dealing with the entire factual aspect and the impact of Section 37 of the NDPS Act while citing the judgment passed by Hon'ble Apex Court in the case of NCB Vs. Mohit Aggarwal 2022 Live Law (SC) 613 also held that merely delay in trial cannot be a ground to enlarge the petitioner on bail diluting the conditions of Section 37 of the NDPS Act, therefore, for the aforesaid reasons, this Court is not inclined to enlarge the petitioner on bail.

6. Accordingly, this second bail application of the petitioner is hereby dismissed.

(PRAVEER BHATNAGAR),J

248-AnilKC/-