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[2026:RJ-JP:14228]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No.

4352/2026

Abhanulla Khan @ Amanulla Khan@ Munna Sarkar S/o Yusuf Khan, Aged About 65 Years, R/o House No. 278, Near Lakkadkhan Ki Masjid, House Of Mubarak Hussain, Chandraghata, P.s. Makbara, District Kota City. (At Present

Confined In Central Jail, Kota).

----Petitioner Versus

State Of Rajasthan, Through PP ----Respondent

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

Order

06/04/2026

1. This bail application has been filed by the accused petitioner under Section 483 BNSS in connection with FIR No.85/2025 registered at Police Station Makbara, District Kota City

for offence under Sections 8 and 20 of the NDPS Act.

2. The learned counsel for the petitioner submits that as per the F.I.R., the allegations against the present accused- petitioner is that during patrolling by the police, the accused petitioner was stopped and searched and a total of 498 gm Charas was recovered from his possession. He further submits that the recovery effected from the possession of the accused petitioner is less than commercial quantity. He further submits that there is no criminal antecedents against the present accused petitioner; he is

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[2026:RJ-JP:14228] (2 of 3) [CRLMB-4352/2026] behind the bars since 14.12.2025 and the Police after conclusion of investigation, has submitted charge-sheet in the matter. He also submits that trial of the case is likely to take considerable time to conclude, therefore, the accused-petitioner may be released on

bail.

3. Learned Public Prosecutor has vehemently opposed the bail application and submits that there is a recovery of 498 gm Charas from the possession of the petitioner, therefore, he does

not deserve indulgence of bail by this Court.

4. Considered the submissions made by learned counsel

for the petitioner as well as learned Public Prosecutor.

5. The allegation against the petitioner relates to commission of offence under the provisions of Section 8 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the alleged recovery from him is of 498 gm Charas, 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.

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 commission 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

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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 contraband 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 pending trial is necessary in the

given circumstances.”

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

the accused-petitioner on bail.

8. Accordingly, this bail application is allowed and it is directed that accused-petitioner shall be released on bail provided that he furnishes a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only), together wit