For offences involving commercial quantities under the NDPS Act, the court must strictly adhere to the twin conditions under Section 37; bail cannot be granted based on disputed factual discrepancies, as these must be resolved through a full-fledged trial rather than pre-trial evidentiary adjudication.

10/04/2026

S.B. Criminal Miscellaneous Bail Application No. 1998/2026:-

1. Dr. Gunjan Sharma, learned counsel appearing for the accused-petitioner –Abhiraj Singh & Anr. in S.B. Criminal Misc. Bail Application No.1998/2026 at the very outset seeks permission of this Court to withdraw the present bail application.

2. Accordingly, the bail application No.1998/2026 is dismissed as withdrawn.

S.B. Criminal Miscellaneous Bail Application No. 2903/2026 & 4974/2026:-

3. Mr. Rahul Sharma for Mr. Rajneesh Gupta, learned counsel appearing for the accused-petitioner –Ankush Agrawal in S.B. Criminal Misc. Bail Application No.2903/2026 submits that the recovery of the alleged contraband has been made from the house of the co-accused, Sampat Singh and he has nothing to do with the alleged contraband recovered. He also submits that the Police has failed to record the statement of independent witness and there is non-compliance of mandatory provisions of NDPS Act while making search and seizure. There is no documentary evidence like bills of purchase which could connect the accused-petitioner with the alleged contraband. He also submits that the accused-petitioner has been arrested on 25.09.2025 and the Police after completion of investigation has already submitted charge-sheet in the matter and the trial of the case will take considerable time.

4. Mr. Rajesh Maharishi, learned counsel appearing for the accused-petitioner –Rajkumar in S.B. Criminal Misc. Bail Application No.4974/2026 submits that the accused-petitioner is the Nursing Officer and is posted at Jail and he has nothing to do with the recovery of the alleged contraband and also not connected with any kind of supply or distribution of the contraband. He also submits that there is non-compliance of mandatory provisions of Section 103 of BNSS and Sections 50 and 42 of the NDPS Act. He also submits that the accused-petitioner is in custody since 25.09.2025.

5. Learned Public Prosecutor vehemently opposed the bail applications and submits that a huge quantity of the contraband i.e. various medicines which contains the narcotic drugs and its weight is 8822.4 gram has been recovered from the possession of one Abhiraj Singh, Sampat Singh and Ankush Agrawal during their search made by the Police after receiving a secret information. Learned Public Prosecutor also submits that the contraband recovered is much more than commercial quantity. Therefore, the accused-petitioners do not deserve indulgence of bail by the Court.

6. Considered the submissions made by counsel for the accused-petitioners as well as learned Public Prosecutor and also perused the challan papers.

7. As per the facts on record, an FIR No.277/2025 has been registered at Police Station Bhankrota, District Jaipur (West) for offence punishable under Section 8/22 NDPS Act. As per the contents of FIR, on a secret information received by the Police, the Police made search of a house and found various tablets, capsules and three persons, namely, Abhiraj Singh, Sampat Singh and Ankush Agrawal were there in the house. They are not having the legal valid document for retaining those tablets and capsules. On weighing the tablets and capsules, it was found to be 8822.4 gram and therefore, the said contraband is much more than commercial quantity. During the course of investigation, it has also come out that the accused –Abhiraj Singh, Sampat Singh and Ankush Agrawal have purchased the said medicines containing narcotic drugs from one Rahul Agrawal by contacting him on his telephone number 70607-69423. During