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[2026:RJ-JD:15273]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 1823/2026

Shishapal S/o Ghevarram, Aged About 40 Years, Chikani Nadi Chananpura Dayakaur Ki Dhani Ps Lohawat District Phalodi (At

Present Lodged In Sub Jail Raisinghnagar)

----Petitioner Versus

State Of Rajasthan, Through Pp ----Respondent

For Petitioner(s) : Mr. Bhanwaru Ram For Respondent(s) : Mr. Sameer Pareek, P.P.

HON'BLE MR. JUSTICE SANJEET PUROHIT

Order

02/04/2026

1. The jurisdiction of this Court has been invoked by way of filing an application under Section 483 B.N.S.S. at the instance of accused-applicant. The requisite details of the matter are

tabulated herein below:

order

2. It is contended on behalf of the accused-applicant that the

seized contraband has not been recovered from the present applicant-accused and the applicant-accused has been arrested merely on the basis of statement of co-accused and therefore, he has been made an accused based on conjectures and surmises.

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[2026:RJ-JD:15273] (2 of 5) [CRLMB-1823/2026] Therefore, his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-applicant. It is also contended that co-accused has already been enlarged on bail by this Court vide order dated 03.03.2023 in S.B. Criminal Miscellaneous 2^nd Bail Application No. 1601/2023. Learned counsel for petitioner stated that conclusion of trial may take sufficiently long time, therefore, prayed that

petitioner may be enlarged on bail.

3. Per contra, learned Public Prosecutor opposed the bail application and submits that the recovered contraband in the present case is 89 kg which is above commercial quantity so also, the applicant-accused has past one criminal antecedent under NDPS Act and therefore, prayed that present case is not fit for

enlargement of accused on bail.

4. Replying to the same, learned counsel for the applicant stated that in the previous case lodged at PS Phalodi, wherein the applicant-accused has already been enlarged on bail. Regarding the allegation of quantity of contraband being above commercial quantity, it is contended that the co-accused has been enlarged on bail by this Court in S.B. Criminal Miscellaneous 2^nd Bail Application No. 1601/2023 by passing a detailed order wherein it has been recorded that contraband were recovered in five plastic bags weighed separately and as the samples were wrongly collected only from two bags, the quantity of the seized contraband can be assumed to be less than commercial quantity. On such findings, the Coordinate Bench has extended benefit of

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[2026:RJ-JD:15273] (3 of 5) [CRLMB-1823/2026] bail in favour of co-accused. Relevant part of said order is

reproduced hereinbelow :

“ Heard. Perused the material available on record. Upon consideration of the submissions made on behalf of the petitioner and the law applicable in the matter, this court is of the opinion that it cannot be ascertained beyond any measure of doubt that the recovered contraband was above the commercial quantity as the samples of contraband were not collected individually

from the five plastic bags for investigation.

No presumption is available that the other bags also contained contraband. Since the doctrine of beyond reasonable doubt is applicable in criminal matters, therefore, even the initial duty lies upon the prosecution to show that the petitioner was having contraband in all the bags. If samples taken from all the bags and then the collected samples are mixed toge