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[2026:RJ-JP:14452]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No.

2670/2026

1. Pawan Kumar S/o Badrilal, Aged About 23 Years, R/o Bistuniya Police Station Pagariya District Jhalawar (Raj) (At Present Confined In Sub District Jail Bhawani Mandi

District Jhalawar (Raj)

2. Bablu Meghwal S/o Laxmanlal, Aged About 23 Years, R/o Bistuniya Police Station Pagariya District Jhalawar (Raj) (At Present Confined In Sub District Jail Bhawani Mandi

District Jhalawar (Raj)

----Petitioners 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

07/04/2026

1. This bail application has been filed by the accused petitioners under Section 483 BNSS in connection with FIR No.03/2026 registered at Police Station Pagaria, District Jhalawar

for offence under Sections 8 and 18 of the NDPS Act.

2. The learned counsel for the petitioners submits that as per the F.I.R., the allegations against the present accused- petitioners are that during patrolling by the police, the accused petitioners were stopped and searched and 780 gm Opium was recovered from the possession of petitioner, Pawan Kumar, and 775 gm Opium was recovered from the possession of petitioner,

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[2026:RJ-JP:14452] (2 of 4) [CRLMB-2670/2026] Bablu Meghwal. He further submits that the recovery effected from the possession of the accused petitioners is less than commercial quantity. He further submits that the accused- petitioners are behind the bars since long 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 780 gm Opium from the possession of petitioner, Pawan Kumar, and 775 gm Opium from the possession of petitioner, Bablu Meghwal,

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

4. Considered the submissions made by the learned counsel for the petitioners as well as the learned Public Prosecutor. 5. The allegations against the petitioners relate to commission of offence under the provisions of Section 8 and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the alleged recovery of 780 gm Opium from the possession of petitioner, Pawan Kumar, and 775 gm Opium from the possession of petitioner, Bablu Meghwal, 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:-

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“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 enla