1. Bail application in NDPS Act case for recovery of 88 grams of opium from a car. (Para 1 , 6 )
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2026 Supreme(Online)(Raj) 14980
HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Ashok Kumar Jain, J
Rupesh Kumar – Appellant
Versus
State Of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 6188/2026|S.B. Criminal Miscellaneous Bail Application No. 6191/2026
Important Points
Bail may be granted to accused persons under the NDPS Act when the recovered contraband is less than the commercial quantity and they are no longer required for investigation, subject to reasonable conditions to ensure trial attendance.
Subject
Criminal Law - Bail
Act Referred
Headnote
(A) Narcotic Drugs and Psychotropic Substances Act - Bail - Recovery of contraband less than commercial quantity - Where the recovered quantity of opium is less than the commercial threshold and the investigation is substantially complete, the accused may be granted bail pending trial. (Para 6, 7)
(B) Criminal Procedure - Bail Conditions - To prevent witness tampering and ensure attendance at trial, the court may impose conditions such as furnishing personal bonds and sureties. (Para 8)
Issues: Whether the applicants-accused are entitled to bail in view of the quantity of recovered contraband and the progress of investigation.
(B) Criminal Procedure - Bail Conditions - To prevent witness tampering and ensure attendance at trial, the court may impose conditions such as furnishing personal bonds and sureties. (Para 8)
Issues: Whether the applicants-accused are entitled to bail in view of the quantity of recovered contraband and the progress of investigation.
Legal Category Hierarchy
Advocates:
For the Appellants/Petitioners: Devender Singh Thind, Amit Kumar
For the Respondents: Lalit Kishore Sen
For the Appellants/Petitioners: Devender Singh Thind, Amit Kumar
For the Respondents: Lalit Kishore Sen
Table of Contents
2. Accused claimed false implication, compliance failure, and less than commercial quantity; prosecution opposed on gravity. (Para 2 , 3 , 4 )
3. Recovered opium is less than commercial, accused not required for investigation, and trial will take time. (Para 5 , 6 , 7 )
4. Bail can be granted when contraband is less than commercial quantity, no flight risk, and trial is prolonged. (Para 7 )
5. Bail applications allowed; accused to be released on personal bond of ₹50,000 with two sureties. (Para 8 , 9 )
6. What factors are considered for granting bail in NDPS Act cases?
Courts consider quantity of contraband (less than commercial), completion of investigation, custody duration, lack of criminal antecedents, and trial delay. (Para 6 , 7 )
7. Is a joint recovery from a car relevant for bail in NDPS cases?
Yes, joint recovery from a car with contraband less than commercial quantity can support bail, as it indicates a less grave offense. (Para 3 , 6 )
8. What is the effect of a co-accused's statement under Section 29 NDPS Act on bail?
A co-accused being arrayed under Section 29 (criminal conspiracy) based on another's information may still warrant bail if no criminal antecedents exist. (Para 3 , 6 )
by the applicants-accused seeking bail in respect of a
criminal case registered as FIR No.222/2026 dated
04.05.2026 registered at P.S. Anupgarh, District – Ganga
Nagar, for the offence under Sections 8/18, 25 of NDPS Act.
2. Learned counsel for the applicants submits that the
applicants have been falsely implicated in the matter and the
investigation against them is complete and they are no more
required in investigation. They further submits that there are
no chance of fleeing of applicant accused from the
jurisdiction of this Hon’ble Court. The applicants do not have
any criminal antecedents. They also submits that the
applicants undertakes not to repeat offence and cooperate
with investigation/trial, which will take time.
3. Learned counsel for petitioners submits that police has not
complied mandatory provisions under the NDPS Act before
effecting search and seizure. He further submitted that no
opportunity has been granted to be searched in presence of
Magistrate. Learned counsel on behalf of accused-petitioners
Rupesh Kumar, Kanaram and Hukumaram has submitted
that joint recovery has been effected from a car and the
recovered contraband is less than commercial. He further
submitted that there is one criminal case under IPC against
Hukumaram, but there is no criminal antecedents against
Rupesh Kumar and Kanaram. Learned counsel for Chandra
Prakash has submitted that on basis of information of a
co-accused person, petitioner was arrayed as an accused
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under Section 29 of NDPS Act and there are no criminal
antecedents against present petitioners.
4. Learned Public Prosecutor has vehemently opposed the bail
applications and submitted that the allegations are grave
and serious in nature.
5. Heard learned counsel for the parties and learned Public
Prosecutor. Perused the material placed on record by both
the parties.
6. On 4th of May 2026, SHO, PS Anoopgarh has intercepted a
car driven by the accused-petitioner Rupesh Kumar and
accompanied with Kanaram and Hukumaram was searched.
On search, police has recovered 88 grams of Opium and
registered FIR No.222/2026 under Sections 8/18, 25 of
NDPS Act. The recovered quantity of 88 grams of Opium is
less than commercial. There is one criminal case under
Section 379/34 of IPC against Huumaram but no criminal
antecedents against others. Accused-petitioner Chandra
Prakash is arrayed under Section 29 of the NDPS Act.
7. Upon hearing the arguments and perusing the record, we
have found that the applicants-accused are no more required
in the investigation and they are in custody for quite some
time. The further proceedings will take its own time,
therefore, looking to entirety of facts and circumstances of
the case and without expressing any opinion on merits of the
case, the Court deems it appropriate to grant bail to the
applicants-accused.
8. Thus, the instant bail applications filed on behalf of
applicants-accused Rupesh Kumar S/o Brij Lal, Kanaram
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S/o Devilal, Hukumaram S/o Udaram and Chandra
Prakash S/o Shyam Sundar, are hereby allowed and the
applicants-accused are ordered to be released on bail with
condition that each of the petitioner would furnish a personal
bond of ₹50,000/- with two sureties of like amount to the
satisfaction of the Trial Court with the following conditions:-
(i) The applicants-accused shall not tamper with
evidence or influence the witness in any manner.
(ii) The applicants-accused shall not indulge in any
criminal activity and shall not repeat any criminal
offence punishable under the Law.
(iii) The applicants-accused shall attend the hearing of
the Trial Court on the date fixed by the Trial court or as
and when asked to appear before the Trial Court.
(iv) In case of any violation of above conditions, the bail
granted to the applicants-accused shall be liable to be
canceled.
9. The Re
