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[2026:RJ-JP:12675]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal 7^th Miscellaneous Bail Application No. 2083/2026

Ajay Yadav S/o Shri Karmveer Yadav, Aged About 40 Years, R/o Kosali Tehsil Kosali, Dist. Rewari (Haryana) (The Accused Peti- tioner Presently Confined In Sub Jail Neema Ka Thana Dist.

Sikar).

---Accused-Petitioner Versus

Union Of India, Through Special PP (Narcotics Control Bureau)

Information Officer, Jodhpur, Raj.

----Respondent

For Petitioner(s) : Dr. Vibhuti Sharma with Ms. Anindya Gupta

Ms. Suman Kalal For Respondent(s) : Mr. Tej Prakash Sharma, Spl. PP with

Mr. Vaibhav Jhankara

HON'BLE MR. JUSTICE SAMEER JAIN

Order

1. The instant Seventh bail application has been filed under

Section 483 of BNSS on behalf of accused-applicant. The accused- applicant was arrested in connection with FIR No. 08(10)(10) (01)/NCV/JZU/2018 registered at Police Station N.C.B., Jodhpur (Raj.) for the offence(s) under Sections 8/20, 25 and 29 of NDPS

Act, 1985.

2. Learned counsel for the applicant submitted that the applicant is wholly innocent and has been falsely implicated in the

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[2026:RJ-JP:12675] (2 of 5) [CRLMB-2083/2026] present case. It was contended that as per the prosecution’s own record, no contraband has been recovered from the personal possession of the applicant, and the alleged recovery is attributed solely to the vehicle, not to the physical possession of the applicant. It was also submitted that a co-accused arising out of the same FIR, involving the same vehicle and the same alleged recovery, has already been enlarged on bail by a Coordinate Bench of this Court vide order dated 17.12.2018. Additionally, it was apprised to the Court that the applicant has been in judicial

custody since 04.01.2018, and possesses deep roots in society.

3. Per contra, learned Special Public Prosecutor had vehemently opposed the present bail application, and submitted that as per the inspection conducted by the Police Department, and report submitted thereafter, the applicant was apprehended while driving the vehicle from which contraband, weighing 40.080 kilograms of ganja, was recovered, which is far in excess of the notified commercial quantity i.e. 20 Kilograms. It was submitted that the arrest of the applicant was effected on 04.01.2018, and the applicant made statements under Section 67 of the NDPS Act,

wherein he has admitted his role in the alleged offence.

4. It was also submitted that the applicant was earlier granted interim bail; however, he violated the conditions thereof by absconding, as a consequence of which non-bailable warrants were issued, followed by proceedings for proclamation. During the said period, another FIR bearing No. 211 came to be registered against the applicant at Police Station Jhojun Kalan, Haryana, under Section 20 of the NDPS Act; therefore, enlarging him on bail shall hamper the entire process, moreso, he shall be a threat to

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[2026:RJ-JP:12675] (3 of 5) [CRLMB-2083/2026] society. It was further submitted that as per the custody certificate, the applicant has undergone custody of only about three years, and that he was re-arrested after having absconded. Therefore, the plea of the learned counsel representing the accused-applicant, pertaining to prolonged incarceration, is not tenable to the facts and circumstances of the present case, particularly in view of the recovery of commercial quantity of

contraband.

5. In support of the arguments made insofar, learned Special Public Prosecutor had placed reliance upon a catena of orders passed by the Hon’ble Supreme Court, inter alia, NCB vs. Mohit Aggarwal, reported in (2022) 18 SCC 374; Virupakshappa Gouda vs. Sta