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[2026:RJ-JD:23596]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous 2^nd Bail Application No. 3942/2026

Pushkarlal S/o Kishor Gameti, Aged About 24 Years, Resident Of

Kala Godwa, Mera Ka Guda, Police Station Sukher, District

Udaipur, Rajasthan (At Present Lodged In Central Jail Udaipur)

----Petitioner

Versus

State Of Rajasthan, PP

----Respondent

For Petitioner(s) : Mr. Gopal Singh Bhati.

For Respondent(s) : Mr. Narendra Gehlot, PP.

HON'BLE MR. JUSTICE KULDEEP MATHUR

ORDER

15/05/2026

1. This second application for bail under Section 483 of BNSS

(439 Cr.P.C.) has been filed by the petitioner who has been

arrested in connection with FIR No.379/2025 registered at Police

Station Sukher, District Udaipur, for offences under Sections 8/21

of the NDPS Act.

2. As per the prosecution, on 14.07.2025, during routine

patrolling, a police team from Police Station Sukher apprehended

a boy who, upon noticing the police party, attempted to flee. Upon

search, 15 plastic bottles, each containing 100 ml of cough syrup,

were recovered from his possession. The petitioner was thereafter

arrested.

3. Learned counsel for the petitioner submitted that the

petitioner has been falsely implicated in the present case.

According to learned counsel, the alleged contraband falls only

marginally above the prescribed commercial quantity when

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calculated along with the total liquid content of the syrup. It was

contended that the recovery is thus on the borderline of

commercial quantity and, therefore, the rigours of Section 37 of

the NDPS Act deserve liberal interpretation in the peculiar facts

and circumstances of the case. Learned counsel further submitted

that no other criminal case of similar nature is pending against the

petitioner.

4. Lastly, learned counsel for the petitioner submitted that the

petitioner is in judicial custody and the trial of the case is likely to

consume considerable time. On these grounds, it was prayed that

the petitioner be enlarged on bail.

5. Per contra, the learned Public Prosecutor has vehemently

opposed the bail application and submitted that psychotropic

substance (greater than commercial quantity) was recovered from

the conscious possession of the present petitioner and therefore,

looking to the seriousness of the allegation levelled against the

present petitioner, he does not deserve to be enlarged on bail by

this Court.

6. Heard learned counsel for the parties and perused the

material available on record.

7. Having considered the rival submissions and the facts and

circumstances of the case, this Court prima facie finds that 15

plastic vials containing narcotic corex syrup containing codeine

were recovered from the conscious possession of the present

petitioner. Each vial contained 100 ml of syrup, making the total

quantity of narcotic corex syrup containing codeine to be 1500 ml.

8. In Hira Singh vs. Union of India; (2020)20 SCC 272, the

Supreme Court held that, for the purpose of determining “small

quantity” or “commercial quantity” under the NDPS Act, the total

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weight of the narcotic drug or psychotropic substance along with

any neutral substance forming part of the mixture is to be

considered, and not merely the actual content of the offending

drug. The Court overruled the contrary view taken in E. Micheal

Raj v. Intelligence Officer and emphasized that such

interpretation is consistent with the object and scheme of the

NDPS Act to curb drug trafficking effectively.

9. From a perusal of case file, this Court prima facie finds that

the psychotropic substance (marginally higher than the

commercial quantity) was recovered from the conscious

possession of the present petitioner; the petitioner is in judicial

custody since 14.07.2025 and the tria