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[2026:RJ-JD:23329]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 15208/2025

Akash Kumar S/o Sh. Vinod Sah, Aged About 20 Years, R/o Ward

No.05 Nh-104, Kanuani, Kalyanpur, P.o- Parrahi ,district-

Sheohar, Bihar-843329 (Presently Confined In Chittorgarh Jail ,

Rajasthan)

----Petitioner

Versus

Union Of India, Through CBN, Chittorgarh, Raj.

----Respondent

For Petitioner(s) : Mr. Ritesh Ranjan

For Respondent(s) : Mr. M.R. Pareek, SPP

HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

Order

13/05/2026

1. The present bail application under Section 483 of BNSS is

filed by the applicant-accused Akash Kumar S/o Sh. Vinod

Sah seeking bail in respect of a criminal case registered as

FIR No.18/2025 dated 29.05.2025 registered at P.S. CBN

Chittorgarh, District Chittorgarh, for the offence under

Section 8/20(c) of NDPS Act, 1985.

2. Learned counsel for the applicant submits that the applicant

has been falsely implicated in the matter and the

investigation against him is complete and he is no more

required in investigation. He further submits that there are

no chance of fleeing of applicant accused from the

jurisdiction of this Hon’ble Court. He also submits that the

applicant undertakes not to repeat offence and cooperate

with investigation/trial, which will take time.

3. Learned counsel for the petitioner submits that petitioner

accused is in custody since his arrest 29.05.2025. He further

submitted that the petitioner is not having any connect with

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the place from where illicit Ganja or contraband was

recovered. He also submitted that the petitioner has a right

of speedy trial and if the trial has not commenced in respect

of present petitioner then he is entitled for bail.

4. Learned counsel has also submitted that even from the

memo submitted by CBN it has specifically mentioned that

present petitioner and a juvenile are working as laborers in

godown and despite that they are neither carrier nor

occupier of the complete were arrayed as an accused.

5. Learned Public Prosecutor has vehemently opposed the bail

application and submitted that the allegations are grave and

serious in nature.

6. Heard learned counsel for the petitioner-accused and learned

Public Prosecutor. Perused the material placed on record by

both the parties.

7. On 29.05.2025 after receiving an information about storage

of illegal Ganja the CBN has searched the premise of Aditya

Chemicals and recovered 48.890 Kg of Ganja. Present

petitioner and a juvenile were found responsible for storage

of said Ganja. A charge-sheet under Section 8/20 of NDPS

Act is filed against present petitioner. A separate charge-

sheet is filed against juvenile before the Juvenile Justice

Board, Chittorgarh. The Juvenile Justice Board has disposed

case of juvenile on 10.11.2025. The juvenile was convicted

and found guilty for offence under Section 8/20 (c) of NDPS

Act.

8. The last bail application of present petitioner dismissed by

learned Special Judge NDPS Act Cases No.1 Chittorgarh

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indicate that present petitioner arrested on 29.05.2025 and

the matter is fixed for framing of charge. No further detail is

placed on record to show that whether charge has been

framed or not. Similarly no record is submitted to show that

the evidence were recorded in last six months.

9. The recovered quantity is commercial quantity and it is

necessary for this Court to consider to satisfy about

mandatory condition under Section 37 of NDPS Act before

granting bail to the petitioner.

10. Recently, in case of State of Punjab Vs. Sukhwinder

Singh @ Gora reported in 2026 INSC 411, the Hon'ble

Supreme Court has considered the recovery of commercial

quantity from accused and effect of Section 37 under the

NDPS Act at the time of grant of bail along with protection

provided under Ar