[2026:RJ-JD:13416]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 3^rd Bail Application No. 12206/2025 Madan Alias Madiya S/o Rameshwarlal, Aged About 32 Years, R/o Dhani Dungarsingh Pura P.s Ratannagar District Churu Raj. (At Present Lodged In Dist. Jail Churu)

----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Mangilal Bishnoi For Respondent(s) : Mr. Narendra Gehlot, PP HON'BLE MR. JUSTICE KULDEEP MATHUR

O RDER

19/03/2026

1. This third application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with FIR No.109/2021 registered at Police Station Sadar, District Churu for the offences under Sections 8/15 and 29 of the NDPS Act.

2. The second application for bail filed by the petitioner being S.B. Criminal Misc. Bail Application No.7655/2024 was dismissed as not pressed vide order dated 16.05.2025 while granting liberty to the petitioner to file a fresh bail application after statements of the investigating officer are recorded before the competent criminal court.

3. Learned counsel for the petitioner submitted that as per the prosecution, on 31.08.2021 at around 12:15 A.M., during routine nakabandi, the driver of the fortuner vehicle bearing registration No.RJ31-UA-4555 accelerated the speed upon being signaled to stop. Following this vehicle, a white coloured unnumbered Scorpio vehicle came in which the petitioner was sitting and the rear seat and an unknown person was driving the vehiche. Upon seeing the police personnel, the said vehicle turned towards Dabla and after chasing it, petitioner and accused person left the vehicle behind and fled the place of incident. After searching the offending vehicle, the contraband (poppy husk/straw) weighing 336 kilograms was recovered from 24 plastic sacks. The petitioner was arrested during the course of investigation.

4. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. Drawing attention of the Court towards the statements of the investigating officer, learned counsel for the petitioner submitted that the investigating officer, in his cross-examination, has admitted to the fact that he has not adhered to the provisions of Section 42 of the NDPS Act, thus resulting in non-compliance of Section 42 of the NDPS Act.

5. Learned counsel further submitted that the petitioner has no connection whatsoever with seized the Scorpio vehicle, in fact, the same has been reported stolen and an FIR No.119/2021 was registered at Police Station Subash Nagar, District Bhilwara. Learned counsel further submitted that the contraband has not been recovered from the conscious possession of the present petitioner and no direct or cogent material has been brought on record by the investigating agency which implicate involvement of the petitioner in commission of the alleged crime.

6. Lastly, learned counsel for the petitioner submitted that the petitioner is in judicial custody since 25.08.2023; investigation in the matter has already been concluded; no recovery is due to be made from the present petitioner; and the trial of the case will take sufficiently long time to conclude, therefore, the benefit of bail may be granted to the accused-petitioner.

7. Per Contra, learned Public Prosecutor has opposed the bail application. He submitted that two cases of similar nature area pending trial against the accused petitioner. He also submitted contraband greater than commercial quantity has been recovered in the present case, therefore, the rigors of Section 37 of the NDPS Act are attracted in this case. It was thus prayed that this bail application be dismissed.

8. Heard learned counsel for the petitioner. Perused the material available on record.

10. Having considered the rival submissions, facts and circumstances of the case and after perusing the record as made available, this Court prima facie finds that the contraband allegedly recovered