Bail may be granted in NDPS cases where the recovered contraband is below the commercial quantity and the investigation is complete, regardless of prior convictions under other statutes like the Excise Act.

Order

11/05/2026

1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Lovepreet Singh, seeking bail in respect of a criminal case registered as FIR No. 0218/2026 dated 29.04.2026 registered at Police Station Anupgarh, District- Sriganganagar, for the offence under Sections 8/15, 25 of Narcotic Drugs and Psychotropic Substances 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. It is contended that 3.705 kg of poppy straw (Doda Post) was recovered from a car allegedly in the possession of the petitioner and Gurpreet Singh. It is further submitted that three criminal cases under the Rajasthan Excise Act were registered against the petitioner; however, the petitioner has never been named in any offence under the NDPS Act.

4. Learned Public Prosecutor has vehemently opposed the bail application on the ground pendency of criminal cases.

5. Having considered the submissions advanced and the material available on record, it is noted that the recovered quantity of contraband, i.e., poppy straw (Doda Post), is 3.705 kg, which is less than the commercial quantity. The recovery was allegedly effected from a car bearing registration No. HR 20 T 1075, jointly from the present petitioner and Gurpreet Singh. The petitioner has been convicted under the Rajasthan Excise Act in a case arising out of FIR No. 468/2018 registered at Police Station Anupgarh; further, two other cases under the Rajasthan Excise Act are also pending against the petitioner.

6. Upon hearing the arguments and perusing the record, we have found that the applicant-accused is no more required in the investigation and he is 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 applicant-accused.

7. Thus, the instant bail application filed on behalf of applicant-accused Lovepreet Singh, is hereby allowed and the applicant-accused is ordered to be released on bail upon furnishing 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 applicant-accused shall not tamper with evidence or influence the witness in any manner.

(ii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law.

(iii) The applicant-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 applicant-accused shall be liable to be canceled.

8. The Registry is directed to send a copy of this order to the Trial Court through E-mail.