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[2026:RJ-JP:14163]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 3758/2026

Dhanraj S/o Jagdish, Aged About 42 Years, R/o Shrirampura (Lapda), Police Station Borada, District Ajmer (Raj.) (At Present

Confined In Central Jail Ajmer).

----Petitioner Versus

The State of Rajasthan, through PP ----Respondent

For Petitioner(s) : Mr. Manvendra Singh with Mr. Kapil Dev

For Respondent(s) : Mr. Shree Ram Dhakad, Public Prosecutor

HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

06/04/2026

1. The instant bail application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused-petitioner in connection with FIR No.35/2026 registered at Police Station Sarana, District Ajmer for the offences under

Sections 8/15 and 8/29 of NDPS Act.

2. Learned counsel for the petitioner submits that recovery of the alleged contraband from the possession of the petitioner is of 1.400 Kg Doda Post (Poppy Straw), which is less than the commercial quantity. He further submits that the accused- petitioner is behind the bars since 22.02.2026. Therefore, the

accused-petitioner may be released on bail.

3. Learned Public Prosecutor vehemently opposed the bail application and submits that there is a recovery of 1.400 Kg Doda

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[2026:RJ-JP:14163] (2 of 3) [CRLMB-3758/2026] Post (Poppy Straw) 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 and also perused

the material available on record.

5. The recovery of contraband from the possession of the accused-petitioner is less than stipulated commercial quantity and

he is in custody since 22.02.2026.

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 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 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 discussions made above, this Court without expressing any opinion on the merits or demerits of the case, deems just and proper to enlarge the accused-petitioner on

bail.

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[2026:RJ-JP:14163] (3 of 3) [CRLMB-3758/2026] 8. Accordingly, this bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner named above shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing

and as and when called upon to do so.

9. In case the accused-petitioner is found to be involved in any other criminal case of similar nature in future, the prosecution

may move application for cancellation of his bail.

(GANESH RAM MEENA),J

Ashish Kumar /54

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