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[2026:RJ-JP:14333]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 2966/2026

Gopal S/o Devkaran Dholi, Aged About 58 Years, R/o Chhipa Mohalla, Purani Kekri, Kekri, Police Station Kekri City, District

Ajmer (Rajasthan) (At Present In Central Jail, Ajmer).

----Petitioner Versus

State of Rajasthan, through PP ----Respondent

For Petitioner(s) : Mr. Ripu Daman Singh Naruka For Respondent(s) : Mr. S.R. Dhakad, PP

HON'BLE MR. JUSTICE GANESH RAM MEENA

Order

07/04/2026

1. This bail application has been filed by the accused petitioner u/S 483 BNSS in connection with FIR No. 45/2026 registered at Police Station Kekri City, District Ajmer for offence u/S 8/15(a) &

8/18(b) of the NDPS Act.

2. Heard learned counsel for the petitioner as well as the Public

Prosecutor.

3. Learned counsel for the accused petitioner submits that during patrolling by the police, the accused petitioner was stopped and searched and a total of 77.3 gm. of illegal drug poppy straw and 117.8 gm. of illegal drug opium was recovered from his possession. He further submits that the recovery effected from the possession of the accused petitioners is less than the commercial quantity. He further submits that the accused petitioner is behind

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[2026:RJ-JP:14333] (2 of 3) [CRLMB-2966/2026] the bars since 07.02.2026 and the Police after conclusion of investigation has submitted charge-sheet in the matter, therefore,

the petitioner may be released on bail.

4. Learned Public Prosecutor vehemently opposed the bail application and submits that there is a recovery of 77.3 gm. of illegal drug poppy straw and 117.8 gm. of illegal drug opium from the possession of the petitioner, therefore, he does not deserve

indulgence of bail by this Court.

5. Considered the submissions made by learned counsel for the

petitioner as well as learned Public Prosecutor.

6. The allegation against the petitioner relates to commission of offence under the provisions of Section 8/15(a) & 8/18(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the alleged recovery from him is of 77.3 gm. of illegal drug poppy straw and 117.8 gm. of illegal drug opium which is stipulated to be less than the 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.

7. 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

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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.”

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

accused-petitioner on bail.

9. 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 with two sureties in the sum of Rs. 50,000/- (Rup