[2026:RJ-JP:14373]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No.

2617/2026 Mahendra Kumar S/o Suresh, Aged About 19 Years, R/o Juniya, Police Station Kekri City, District Ajmer (Raj.) (At Present Accused Petitioner Is Confined In Sub Jail Malpura, District Tonk).

----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No.

3507/2026 Rahul Kumar S/o Bhairudas, Aged About 29 Years, R/o Dharla, Police Station Begu, District Chittorgarh, Rajasthan. (At Present Confined In District Jail Tonk)

----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Swaraj Panwar Mr. Nawab Ali Rathore For Respondent(s) : Ms. Aarti Sharma, P.P. HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

07/04/2026

1. Both the bail applications have been filed by the accused petitioners under Section 483 BNSS in connection with FIR No.23/2026 registered at Police Station Malpura, District Tonk for offence under Sections 8 and 21 of the NDPS Act and for the offence under Sections 8/21 and 8/29 of the NDPS Act, as mentioned in the order of the learned Court Below.

2. The learned counsels for the petitioners submit that as per the F.I.R., the allegation against the present accused- petitioners is that during patrolling by the police, the accused petitioners were stopped and searched and a total of 6.8 gm Smack was recovered from their joint possession. They further submit that the recovery effected from the possession of the accused petitioners is less than commercial quantity. They also submit that there is no criminal antecedents against the present accused petitioners and they are behind the bars since 19.01.2026. They further submits that 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 applications and submits that there is a recovery of 6.8 gm Smack from the possession of the petitioners, therefore, they do not deserve indulgence of bail by this Court.

4. Considered the submissions made by learned counsels for the petitioners as well as learned Public Prosecutor.

5. The allegation against the petitioners relates to commission of offence under the provisions of Section 8/21 and 8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the alleged recovery from them is of 6.8 gm Smack, 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 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-petitioners on bail.

8. Accordingly, both the bail applications are allowed and it is directed that accused-petitioners shall be released on bail provided that each of them fur