Recovery of a non-commercial quantity of contraband does not guarantee bail if the accused has a significant criminal history, particularly prior convictions for similar offences under the NDPS Act, as the risk of recidivism and societal impact outweigh the quantity of recovery.

Order

1. The instant bail application has been filed under Section 483 of BNSS, 2023 on behalf of accused-petitioner in connection with FIR No.12/2026 registered at Police Station Sawaimadhopur, District GRP Ajmer for the offence under Section 8 /15 of NDPS Act .

2. Learned counsel appearing for the accused-petitioner submits that the alleged contraband i.e. 7.650 Kg Doda-Chura is said to have been recovered from the possession of the accused- petitioner which is less than commercial quantity. He further submits that the accused-petitioner is in custody since 29.01.2026 and there is violation of provisions of Section 50 of the NDPS Act while making seizure of the contraband.

3. Learned Public Prosecutor vehemently opposed the bail application and submits that as many as 6 other criminal cases have been registered against the accused-petitioner, out of which, two are of similar nature under the provisions of NDPS Act . She also submits that in one of the case, the accused-petitioner has been convicted for offence under Section 21 of the NDPS Act . Therefore, the accused-petitioner does not deserve indulgence of bail by the Court.

4. Considered the submissions made by counsel for the petitioner as well as learned Public Prosecutor and also perused the material made available on record.

5. Though, the contraband recovered from possession of the accused-petitioner is less then commercial quantity however, this Court finds that apart from the present criminal case 6 other criminal cases were registered against the accused-petitioner, out of which, two are of similar nature punishable under the provisions of NDPS Act and in one of the case, he has already been convicted which is of similar nature. As regards contravention of Section 50 of NDPS is concerned, this Court in case of Shakti Gurjar Vs. State & Anr. (S.B. Criminal Misc. Bail Application No.13814/2023) decided on 30.07.2024 after considering the law laid down by the Hon’ble Apex Court and various other Courts has observed in paras 27 to 31 as under:-

“27. This Court has to go by the provisions of statutory law because any order of the Court without considering the provisions of the law in force or contrary to the same is said to be per-incurrium and this Court would like to restrain itself from passing such order.

28. In the present case there is recovery of contraband weighing more than the commercial quantity as notified and also there are five other criminal cases pending against the petitioner. There are no reasons for satisfaction of this Court so as to believe that the accused petitioner is not guilty of offences under the provisions of the Act of 1985 and that he is not likely to commit any offence while on bail as he is already facing five other criminal cases.

29. Drug abuse has taken its toll in almost all the districts of Rajasthan. The addicts primarily belong to youth age. The high rate of drug consumption is leading to issues like illegal trade, drug trafficking, and smuggling. The problem of drug addiction has a significant bearing on drug trafficking which has become a significant challenge for governments and social reformers. The NCB reports that the main internal factor for drug trafficking in India is the illicit cultivation of opium, poppy and cannabis. Also, the diversion from licit opium sources to illegal opium production is a major concern. In the trends of 2020, Rajasthan is among the 3 major states, along with Uttar Pradesh and Madhya Pradesh, from where the opium is trafficked to other parts of the country.

Young Indians addicted to drugs are spoiling their lives. Drug addiction is the worst kind of addiction and it causes numerous mental and physical ailments and such youth go often into depression. In order to cope up with stress and depression, they try to consume more drugs and keep spiraling around and are never able to leave this addiction. They lose their sense of control and become vulnerable and many of them commit suicide or get in