[2025:RJ-JP:2094] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3997/2024 Jasveer Singh S/o Shri Balveer Singh, R/o Shahapura Khurud Aliyas Lakhamirwala Sangarur Punjab (Petitioner In Central Jail, Ajmer) ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Ms. Shazadi Bano, Adv. for Mr. Ali Mohd. Khan, Adv. For Respondent(s) : Ms. Manju Dave, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 15/01/2025 1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No.202/2023, registered at Police Station Nasirabad Sadar, District Ajmer for the offence(s) under Sections 8/15 of the N.D.P.S. Act. 2. Learned counsel for the petitioner contended that the accused-petitioner has falsely been implicated in this case. It is argued that the accused-petitioner was arrested on 21.06.2023. It is also argued that only one witness has been examined till now and there are long list of witnesses still to be examined, and bail cannot be granted solely on the ground of delay in trial and long incarceration of the accused petitioner. It is also contended that the FSL was sent to the laboratory with a delay of one month, and there is no independent witness to the fact of recovery. [2025:RJ-JP:2094] (2 of 3) [CRLMB-3997/2024] 3. Learned counsel for the petitioner has relied upon the judgment of Shambhulal Gurjar @ Rohit vs. State of Rajasthan, Special Leave to Appeal (Crl.) No.16671/2024, whereby, the Hon'ble Apex Court enlarged the accused only on the basis of long incarceration and delay in trial. 4. Learned Public Prosecutor has vehemently opposed the bail application. It is contended that from the possession of the accused-petitioner contraband article of commercial quantity containing 252 Kg of poppy straw was recovered. It is also contended that mere delay in trial cannot be a ground to enlarge the accused-petitioner on bail. This power can only be exercised by the Hon'ble Apex Court vide Article 142 of the Indian Constitution and the same power cannot be exercised by this Court. In the case of Narcotics Control Bureau Vs. Mohit Agarwal, 2022 SC OnLine SC 891, the Supreme Court has clearly held that mere delay in trial cannot be a ground to dilute the condition enshrined under Section 37 of the N.D.P.S. Act. In light of the above, the bail application of the accused-petitioner may be dismissed. 5. Heard and perused the material available on the record. 6. It is alleged against the petitioner that he was transporting 252 Kg of poppy straw in a truck bearing No.11CB-36-3718. The Hon'ble Apex Court in the matter of Narcotics Control Bureau Vs. Mohit Agarwal (supra) has clearly held that the conditions mentioned under Section 37 of the N.D.P.S. Act are mandatory. At this juncture, this Court cannot conclude that the accused- petitioner was not involved in transporting the commercial quantity of poppy straw, and the delay in sending the FSL is also a [2025:RJ-JP:2094] (3 of 3) [CRLMB-3997/2024] question of fact, to be considered by the trail court, therefore, considering the above facts, I am not inclined to enlarge accused- petitioner on bail. 7. Accordingly, the instant bail application is hereby dismissed. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-20