The court declined to grant bail to the accused under the NDPS Act, despite the recovered quantity being less than commercial, primarily because the investigation was still ongoing.

Order

1. The instant bail application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused-petitioner in connection with FIR No. 102/2026 registered at Police Station Ajitgarh, District Sikar for offence under Sections 8 , 21, 22, 25 of the N.D.P.S. Act 1985 .

2. Learned counsel for the petitioner submits that the alleged contraband i.e. 17.29 gram Proxywel SPAS is said to have been recovered from the possession of the accused-petitioner which is less than the commercial quantity. He further submits that while making search and seizure the requirement provided under Section 50 of the NDPS Act have been aided by the Seizure Officer. He also submits that accused-petitioner is in custody since 20.03.2026 and there are no criminal antecedence discredit to the petitioner.

3. Learned Public Prosecutor opposed the bail application and submits that the investigation of the case is still going on and conclusion of the investigation is yet to be submitted by the Police.

4. Considered the submissions made made by the counsel for the petitioner and learned Public Prosecutor.

5. As regards the violation of Section 50 of NDPS Act 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 involved in different kinds of criminal activities.

Drug abuse has a direct impact on social and economic aspect of the nation. The impact of drug is realized in workplace, family and the society. It results in violence at home and gang wars in cities, increase crimes and even stresses the public health system and we find young mass addicted to drugs which leads to unsafe life. Addiction not only breaks the family harmony but also puts high economic burden on the society. The economic impact due to Drug abuse is immeasurable.

According to UNDCP report, the economic effects of drug a