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[2026:RJ-JD:16073]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous 3^rd Bail Application No. 10867/2025

Harpreet Singh Alias Harry Alias Baaj S/o Shri Shamsher Singh, Aged About 30 Years, Keshrisinghpur, Tehsil Sri Karanpur, District Sri Ganganagar (Rajasthan). (At Present Lodged In Central Jail,

Sri Ganganagar)

----Petitioner Versus

Narcotics Control Bureau, Through CBN ----Respondent

For Petitioner(s) : Mr. Niranjan Lal Joshi Ms. Kirti Pareek

For Respondent(s) : Mr. M.R. Pareek, Spl. PP for NCB

HON'BLE MR. JUSTICE KULDEEP MATHUR

O RDER

07/04/2026

1. This third application for bail under Section 483 BNSS has been filed by the petitioner who has been arrested in connection with F.I.R. No.VIII (10) 2 NCB/JZB/2023 registered at Police Station NCB, Jodhpur, for the offences under Sections 8(c), 21(c) and 29 of NDPS

Act.

2. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated in the present case. He further submitted that no contraband of commercial quantity has been recovered from the conscious possession of the petitioner. Drawing the attention of the Court to the statements of the Investigating Officer (P.W.-03), learned counsel submitted that no cogent or direct evidence has been collected by the investigating agency which directly or indirectly implicates the petitioner in the commission of the alleged offence. The petitioner has been implicated solely on the basis of

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[2026:RJ-JD:16073] (2 of 3) [CRLMB-10867/2025] conjectures, surmises, and the statements of co-accused persons

recorded while in police custody.

3. Lastly, learned counsel submitted that the petitioner has been in custody for more than two and a half years, and the delay in the trial is not attributable to him. Therefore, it was prayed that the

benefit of bail be granted to the petitioner.

4. Per contra, the learned Special Public Prosecutor opposed the bail application. He submitted that contraband of commercial quantity has been recovered in the present case, and therefore, the rigours of Section 37 of the NDPS Act are attracted. Accordingly, it

was prayed that the present bail application be dismissed.

5. Heard. Perused the material available on record.

6. Upon perusal of the case file, this Court prima facie finds that contraband (heroin) of commercial quantity has been recovered in the present case. The Court further notes that the allegations against the petitioner and co-accused persons pertain to their involvement in cross-border smuggling of contraband. It is alleged that the contraband (heroin) was dropped in India from Pakistan

using a drone.

7. From the record, it appears that one farmer, namely Rajwinder Singh, during the course of investigation, stated that he had seen the petitioner and one Rohit @ Rohan S/o Birja Singh near the international border searching for contraband (heroin) which had been dropped by a drone. The said witness also identified the petitioner from his photograph. Thus, there is direct evidence available on record against the petitioner. Furthermore, the call location details and CDR reports of the petitioner and co-accused persons, along with their statements recorded under Section 67 of

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[2026:RJ-JD:16073] (3 of 3) [CRLMB-10867/2025] the NDPS Act, prima facie indicate the involvement of the petitioner

in the commission of the alleged offence.

8. This Court further takes note of the fact that the recovery effected in the present case is of commercial quantity, and therefore, the rigours of Section 37 of the NDPS Act are clearly attracted. Upon a prima facie assessment of the material available on record, this Court is not satisfied that there are reasonable grounds for believing that the petitioner is not guilty of the alleged offence, nor is there any material to suggest that he is not likely to