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[2026:RJ-JP:14095]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No.

2300/2026

Manjeet Kaur W/o Tehal Singh, Aged About 44 Years, R/o Sher- pur Taibaan Police Station Dharmkot District Moga (Punjab) (At Present Confined In Sub District Jail Bhawani Mandi District Jha-

lawar (Raj)

----Petitioner Versus

State Of Rajasthan, Through PP ----Respondent Connected With

S.B. Criminal Miscellaneous Bail Application No.

2301/2026 Manjeet Kaur W/o Gurmeet Singh, Aged About 40 Years, R/o Sherpur Taibaan Police Station Dharmkot District Moga (Punjab) (At Present Confined In Sub District Jail Bhawani Mandi District

Jhalawar (Raj)

----Petitioner Versus

State Of Rajasthan, Through PP ----Respondent

For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Ms. Aarti Sharma, P.P. HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

06/04/2026

1. The instant bail applications have been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused-petitioners in connection with FIR No. 0038/2026 registered at Police Station Bhawani Mandi, District

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[2026:RJ-JP:14095] (2 of 4) [CRLMB-2300/2026] Jhalawar for offence under Sections 8 and 15 of the N.D.P.S. Act

1985.

2. Learned counsel for the petitioner submits that the accused-petitioners have falsely been implicated in the case. Learned counsel further submits that as per the F.I.R., the allegation levelled against the present accused-petitioners are that 11 kilo 400 gram opium has been recovered from their possession, which is less than commercial quantity. He further submits that the accused-petitioners are in custody since 19.01.2026 and trial of the case is likely to take considerable time to conclude, therefore, the accused-petitioners may be released

on bail.

3. Learned Public Prosecutor has vehemently opposed the bail application and submits that there is a recovery of 11 kilo 400 gram opium from the possession of the accused-petitioners,

therefore, they do not deserve indulgence of bail by this Court.

4. Considered the submissions made at bar and also

perused the material made available on record.

5. The allegation against the petitioners relates to commission of offence under the provisions of Sections 8 and 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the alleged recovery from him is of 11 kilo 400 gram opium, which is stipulated to be less than commercial quantity. The restriction for grant of bail under the provisions of Section 37 of the N.D.P.S.

Act does not apply in the present case.

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[2026:RJ-JP:14095] (3 of 4) [CRLMB-2300/2026] 6. The Hon’ble Apex Court in the case of Puranmal Jat Vs. State of Rajasthan in Criminal Appeal No.3394/2023 arising out of SLP (Crl.) No.10670/2023 decided on 02.11.2023 has enlarged the accused therein on bail and

observed as under:-

“The allegations against the appellant relate to com- mission of offence under the provisions of Sections 8 and 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called “the Act”). Alleged recovery from him is about 35 kgs. and 150 grams Doda Posh (Poppy straw). The commercial quantity for poppy straw is 50 kgs. The appellant is in custody for over seven months. Charge-sheet has been submitted in the case. The recovered contra- band item having weight less than the stipulated commercial quantity, the restriction on grant of bail under Section 37 of the Act does not apply in his case. We do not think his continued detention pend-

ing trial is necessary in the given circumstances.”

7. Having regard to the submissions made above, this Court without expressing any opinion on the merits and demerits of the case, deems just and proper to enlarge the accused-

petitioners on bail.

8. Accordingly, the present bail application is allowed and it is directed t