The petitioners are charged under the Narcotic Drugs and Psychotropic Substances Act, 1985, pursuant to FIR No. 44 of 2023 registered with Police Station Mandawar, District-Jhalawar, Rajasthan. (!) Most material witnesses have been examined. (!) Petitioners arrested on 28.03.2023 and incarcerated for more than two years and ten months. (!) Sample sent to Forensic Science Laboratory after 21 days without appropriate explanation. (!) Petitioners enlarged on bail subject to terms and conditions imposed by Trial Court, commensurate with charges (if framed), including surrender of passport (if any). (!) (!) Petitions disposed of; pending applications disposed of. (!) (!)

WAJID ALI @ TINKU vs STATE OF RAJASTHAN - 2026 Supreme(Online)(SC) 254

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Online)(SC) 254

SUPREME COURT OF INDIA
MR. PANKAJ MITHAL, MR. S.V.N. BHATTI, JJ
WAJID ALI @ TINKU – Appellant
Versus
STATE OF RAJASTHAN – Respondent

Advocates:
For the Appellants/Petitioners: Mr. Namit Saxena
For the Respondents: Mr. Padmesh Mishra, Mr. S. Udaya Kumar Sagar

Judgement Key Points

The petitioners are charged under the Narcotic Drugs and Psychotropic Substances Act, 1985, pursuant to FIR No. 44 of 2023 registered with Police Station Mandawar, District-Jhalawar, Rajasthan. (!)
Most material witnesses have been examined. (!)
Petitioners arrested on 28.03.2023 and incarcerated for more than two years and ten months. (!)
Sample sent to Forensic Science Laboratory after 21 days without appropriate explanation. (!)
Petitioners enlarged on bail subject to terms and conditions imposed by Trial Court, commensurate with charges (if framed), including surrender of passport (if any). (!) (!)
Petitions disposed of; pending applications disposed of. (!) (!)

ORDER

1. Heard learned counsel for the parties and perused the pleadings.

2. The petitioners are charged under the Narcotic Drugs and Psychotropic Substances Act , 1985 pursuant to FIR No. 44 of 2023 registered with Police Station Mandawar, District-Jhalawar, Rajasthan.

3. Most of the material witnesses have been examined.

4. The argument is that the petitioners were arrested on 28.03.2023 and that they have been in jail for more than two years and ten months. The sample was sent to the Forensic Science Laboratory(‘FSL’) after 21 days for which there is no appropriate explanation.

5. In view of the aforesaid facts and circumstances, we consider it proper to enlarge the petitioners on bail.

6. Accordingly, we direct that the petitioners be released on bail subject to the terms and conditions that may be imposed by the Trial Court commensurating with the charges, if any, framed against them including surrendering of their passport, if any, with the Trial Court itself.

7. The present petitions stand disposed of in the above terms.

8. Pending application(s), if any, shall stand disposed of.

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2026 Supreme(Online)(SC) 254

SUPREME COURT OF INDIAMR. PANKAJ MITHAL, MR. S.V.N. BHATTI, JJWAJID ALI @ TINKU – AppellantVersusSTATE OF RAJASTHAN – Respondent

SUPREME COURT OF INDIA
MR. PANKAJ MITHAL, MR. S.V.N. BHATTI, JJ
WAJID ALI @ TINKU – Appellant
Versus
STATE OF RAJASTHAN – Respondent