Order

1. No one is present on behalf of the accused petitioner.

2. This bail application has been filed by the petitioner under Section 483 of BNSS in connection with FIR No. 277/2025 registered at Police Station Govindgath, District Alwar for offences punishable u/S 8/15 and 8/25 of the NDPS Act.

3. This bail application was filed on 27.10.2025. Initially the counsel for the accused petitioner took time to cure the defects and on 09.02.2026, the matter was adjourned on the request of learned counsel for the accused petitioner. On 25.02.2026, again the counsel for the accused petitioner made request for adjournment and the Court accepted the request observing that the petitioner is allowed last opportunity. Again on 06.03.2026, then on 13.03.2026 and 25.03.2026, the matter was again and again adjourned on the request of the counsel for the petitioner.

4. The Hon'ble Apex Court in Anna Waman Bhalerao Vs. State of Maharashtra; Criminal Appeal No. 4004/2025 (Arising out of SLP (Crl.) No. 11128/2025) has given observations that the bail applications related to the liberty of a citizen are required to be disposed as early as possible and no bail application be kept pending for more than two months. The relevant para of the said order is quoted as follows:-

"18. We accordingly issue the following directions;

a) High Courts shall ensure that applications for bail and anticipatory bail pending before them or before the subordinate courts under their jurisdiction are disposed of expeditiously, preferably within a period of two months from the date of filing, except in cases where delay is attributable to the parties themselves."

5. As per the facts of the case, during nakabandi, a truck was stopped and the driver of the truck tried to ran away, but he was caught and during the search, it was found that there were 10 bags loaded in the truck, wherein 194.95 Kg. of illegal durg doda chura was recovered. The recovered contraband is more than the commercial quantity i.e. 50 Kg. In the memo of bail application, the accused petitioner has agitated that the mandatory provisions of Section 50 pf the NDPS Act have not been followed.

6. This Court in the 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