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[2026:RJ-JD:23413]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Criminal Miscellaneous Bail Application No. 1469/2026

Suresh Kumar S/o Sadram, Aged About 23 Years, R/o

Virmaniyon Ki Dhani, Chainpura, P.s. Dhorimana, District Barmer,

Rajasthan (Presently Lodged At Jail Jaisalmer)

----Petitioner

Versus

State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Chaturbhuj

Mr. Lal Krishna Singh

For Respondent(s) : Mr. Urja Ram Kalbi, PP

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 Suresh Kumar S/o Sadram

seeking bail in respect of a criminal case registered as FIR

No. 122/2025 dated 07.06.2025 registered at P.S. Jaisalmer,

District- Jaisalmer, for the offence under Sections 8/21 of

NDPS Act.

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. The applicant does not

have any criminal antecedents. He also submits that the

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applicant undertakes not to repeat offence and cooperate

with investigation/trial, which will take time.

3. Learned counsel for the applicant submits that the police

have not complied with the mandatory provisions under the

NDPS Act while effecting the search and seizure. He further

submits that, as per the FSL report, the recovered

contraband is mephedrone and not MDMA, as mentioned by

the police. He further submits that, as per the notification

and the provisions under Sections 52 and 57 of the NDPS

Act, the samples are required to be drawn and sent within

the prescribed time, but in the present case there was a

delay in forwarding the samples to the FSL.

He further referred to the judgment in Rambabu v. State

of Rajasthan 2025 Supreme Online SC 10992 and

submitted that delay in forensic examination violates

procedural rights; hence, the accused is entitled to bail. He

also referred the order dated 16.12.2025 passed in Bail

Application No. 7109/2025 (Farukh Vs. State of

Rajasthan) and submitted that the applicant is entitled to

bail.

4. Learned counsel for applicant further referred the order

dated 25.02.2026 in Sanjay Khan v. Union of India SLP

(Criminal) Diary Nos. 5319/2026 and submitted that

mephedrone was identified only after forensic examination,

wherein the Hon’ble Supreme Court granted bail. He also

referred the order dated 29.02.2026 in Wajid Ali @ Tinku

v. State of Rajasthan and submitted that where the

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sample was sent to the FSL after 21 days, the accused was

held entitled to bail.

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 07.06.2025, the SHO, Police Station Kotwali District

Jaisalmer, found the petitioner in suspicious circumstances

and, after serving him with a notice under Section 50 of the

NDPS Act, recovered 92.5 grams of MDMA. FIR No.

122/2025 dated 07.06.2025 under Sections 8/21 of the

NDPS Act was registered. After investigation, the police filed

a charge-sheet against the present applicant, but kept the

investigation pending against Pukhraj under Section 193(9)

of the BNSS. The recovered contraband is mephedrone.

8. As per the schedule attached to the NDPS Act, the

commercial quantity of mephedrone is 50 grams. The

present applicant was arrested on 07.06.2025. The charges

have already been framed and, after framing of charge, the

statement of the search and seizure off