Section 37 of the NDPS Act, which restricts bail, does not apply when the quantity of the recovered contraband is less than the stipulated commercial quantity, making the accused eligible for bail based on judicial discretion.

Order

07/04/2026

1. This bail application has been filed by the accused petitioners under Section 483 BNSS in connection with FIR No.58/2026 registered at Police Station Bhawani Mandi, District Jhalawar, for offence under Sections 8, 22 and 29 of the NDPS Act. 2. The learned counsel for the accused-petitioners submits that the contraband recovered from the joint possession of the accused-petitioners, is 10 gm Methylenedioxymethamphetamine (for short ‘MDMA’) and the weight of 10 gm MDMA is along with wrapper, hence, the weight of the contraband is less than 10 gm, which is less than commercial quantity. She further submits that

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[2026:RJ-JP:14470] (2 of 3) [CRLMB-3897/2026] there are no criminal antecedents against the present accused petitioners and they are behind the bars since 08.02.2026. She also 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 application and submits that there is a recovery of 10 gm MDMA from the joint possession of the petitioners, therefore, they

do not deserve indulgence of bail by this Court.

4. Considered the submissions made by learned counsel

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, 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the alleged recovery of the contraband from them, 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

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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, this bail application is allowed and it is directed that accused-petitioners shall be released on bail provided that each of them 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/- (Rupees Fifty Thousand Only) to the satisfaction of the Trial Court with the stipulation that they shall appear before that Court or any Court to which the matter is transferred, on all subsequent dates of hearing and as and when

called upon to do so.

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

pros