[2025:RJ-JP:23193] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5973/2025 1. Amit S/o Horilal, Aged About 24 Years, R/o Ghadi Nangla Shyoram, P.s. And Tehsil Kher, District Aligarh (U.p.) (Confined At District Jail Tonk) 2. Vishnu Kumar S/o Murlidhar, Aged About 28 Years, R/o Ranjeetgari, P.s. And Tehsil Kher, District Aligarh (U.p.) (Confined At District Jail Tonk) ----Petitioners Versus The State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Gordhan Singh Fauzdar For Respondent(s) : Mr. Vijay Singh Yadav, PP HON'BLE MR. JUSTICE GANESH RAM MEENA (V.J.) Order 13/06/2025 1. These bail applications have been filed by the accused petitioners u/S 483 BNSS in connection with FIR No. 101/2025 registered at Police Station Mehandwas, District Tonk for offence u/S 8/15 of NDPS Act. 2. Heard learned counsel for the accused petitioners and learned Public Prosecutor. 3. Learned counsel for the accused petitioners submits that during patrolling by the police force at Sonwa Toll Plaza, a car was stopped and searched and a total of 49.290 Kg. of illegal drug (doda chura) was recovered from their possession. He further submits that the recovery effected from the possession of the accused petitioners is less than the commercial quantity. He [2025:RJ-JP:23193] (2 of 3) [CRLMB-5973/2025] further submits that the accused petitioners are behind the bars since 04.04.2025 and the Police after conclusion of investigation has submitted charge-sheet in the matter, therefore, the petitioners may be released on bail. 4. Learned Public Prosecutor vehemently opposed the bail applications and submits that there is a recovery of 49.290 Kg. doda chura from the possession of the petitioners, therefore, they do not deserve indulgence of bail by this Court. 5. Considered the submissions made by learned counsel for the petitioners as well as learned Public Prosecutor. 6. The allegation against the petitioners relates to commission of offence under the provisions of Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the alleged recovery from them is of 49.290 Kg. which is stipulated to be less than the commercial quantity. The restriction for grant of bail under the provisions of Section 37 of the N.D.P.S. Act does not apply in the present case. 7. The Hon’ble Apex Court in the case of Puranmal Jat Vs. State of Rajasthan in Criminal Appeal No.3394/2023 arising out of SLP (Crl.) No.10670/2023 decided on 02.11.2023 has enlarged the accused therein on bail and observed as under:- “The allegations against the appellant relate to commission of offence under the provisions of Sections 8 and 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called “the Act”). Alleged recovery from him is about 35 kgs. and 150 grams Doda Posh (Poppy straw). The commercial quantity for poppy straw is 50 kgs. The appellant is in custody for over seven [2025:RJ-JP:23193] (3 of 3) [CRLMB-5973/2025] months. Charge-sheet has been submitted in the case. The recovered contraband item having weight less than the stipulated commercial quantity, the restriction on grant of bail under Section 37 of the Act does not apply in his case. We do not think his continued detention pending trial is necessary in the given circumstances.” 8. Having regard to the above, this Court without expressing any opinion on the merits/demerits of the case, deems just and proper to enlarge the accused-petitioners on bail. 9. Accordingly, these bail applications are allowed and it is directed that accused-petitioners shall be released on bail provided that they furnish personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only)(each), together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the Trial Court with the stipulation that they shall appear before that Court or any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. (GANESH RAM MEENA (V.J.)),J GAURAV SRIVASTAVA /SATYENDRA/131