Bail may be granted in NDPS cases where the accused is implicated solely on the basis of a co-accused's disclosure statement and the recovered quantity of contraband is below the commercial threshold.

Order

1. The instant bail application has been filed by petitioner under Section 483 B.N.S.S. in connection with FIR No.263/2025 dated 18.12.2025 registered at Police Station Lohawat, District Phalodi for the offence under Section 8 /21, of the NDPS Act .

2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case while alleging that contraband weighing 13.25 grams (smack) was recovered from the possession of the co-accused Ayubdeen and the petitioner has been implicated solely on his disclosure statements that the said contraband was supplied to him by the petitioner. Apart from this, there is no other evidence to indicate the involvement of the petitioner in the present offence. He submits that the contraband recovered weighs well below commercial quantity and the co-accused Ayubdeen has already been enlarged on bail by the co-ordinate bench vide order dated 08.01.2026 passed in SBCRLMB No. 111/2026. He submits that petitioner has one previous antecedent of similar nature in which he has been enlarged on bail by the learned Trial Court vide order dated 24.06.2024 passed in Bail Application No. 328/2024. Thus, the petitioner is entitled to be enlarged on bail.

3. Learned Public Prosecutor opposes the bail application, however, is not in a position to refute that the petitioner has been implicated solely on the disclosure statements of the co-accused Ayubdeen and the aforesaid co-accused have been enlarged on bail by the co-ordinate bench vide order dated 08.01.2026 and also that the petitioner has one previous antecedent of similar nature in which he has been enlarged on bail by the learned Trial Court vide order dated 24.06.2024 and also the fact that the contraband weighs well below commercial quantity.

4. In view of above and, having regard to the entirety of facts and circumstances of the case as available on record and looking to the fact that the trial will consume time and without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the petitioner deserves to be released on bail.

5. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner Mohammed Faruque S/o Hasam Khan arrested in relation to FIR No.263/2025 dated 18.12.2025 registered at Police Station Lohawat, District Phalodi shall be enlarged on bail provided he furnishes a personal bond in sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing as and when called upon to do so.