[2025:RJ-JP:37160] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7562/2025 Daulat Singh S/o Shri Hanuman Singh, Aged About 21 Years, R/o Village Ramsinghpura Begus, Police Thana Bagru, District Jaipur (West) (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Vivek Goyal For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 10/09/2025 1. The present bail application under Section 483 of BNSS is filed by the applicant-accused Daulat Singh S/o Shri Hanuman Singh seeking bail in respect of a criminal case registered as FIR No.222/2025 dated 27.05.2025 registered at P.S. Bagru, District - Jaipur, for the offence under Sections 8/20 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 [2025:RJ-JP:37160] (2 of 5) [CRLMB-7562/2025] applicant undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for petitioner submitted that without compliance of mandatory provision under the NDPS Act police has allegedly recovered 2kg 650 gm of ganja from petitioner. He also submitted that the seizure memo the details mentioned by search and seizure officer indicate that leaves, stems and seeds were recovered but it is not covered within definition of Ganja which has been prescribed in Section 2(iii)(b). He also submitted that unless there is flowering of fruiting tops of cannabies plant excluding seeds and leaves is considered as Ganja but herein this case, the recovered article is not ganja. He further submitted that even if assuming recovery of ganja even then same is less than commercial quantity. He further submitted that till date FSL report has not been procured by police. He also submitted that as per impugned order two criminal cases were registered against the petitioner relating to IPC and other relating to NDPS Act. He further submitted that in a matter arising out FIR no. 437/2024 registered at P.S. Bagru the recovery was effected from Raju Kumar and not from present petitioner. He also submitted that the recovery was of 450 gram of ganja which is less than commercial quantity. He further submitted that the petitioner accused was framed only for offence under Section 8/20 of NDPS Act. He further referred FIR no. 18/2025 and submitted that the recovered quantity is 235 gram of ganja and same is less than commercial quantity. [2025:RJ-JP:37160] (3 of 5) [CRLMB-7562/2025] 4. Learned Public Prosecutor has vehemently opposed the bail application and submitted that the allegations are grave and serious in nature. She has submitted details of criminal cases registered against petitioner accused and submitted that five criminal cases were registered against petitioner accused. 5. Heard learned counsel for the petitioner-accused and learned Public Prosecutor. Perused the material placed on record by both the parties. 6. On the basis of interception of petitioner accused by police on 26.05.2025, 2 kg 658 gm of Ganja is recovered and a case under Section 8/20 of NDPS Act is registered. After investigation police has already filed a charge-sheet against the petitioner accused who is in custody since 27.05.2025, and there is no FSL report on record. The description mentioned in report and also in seizure memo about recovered contraband are considered by us particularly in light of definition under Section 2(iii)(b) of NDPS Act wherein Ganja has been defined. At this stage, it is not possible to express any conclusive opinion but we have considered details of recovered material mentioned in record. In FIR no. 437/2024 present petitioner is charged under Section 8/29 of NDPS Act and recovered quantity is less than commercial quantity wherein a charge-sheet has been filed. A copy of FIR no. 18/2025 registered at P.S. Bagru indicate that present petitioner accused was intercepted and 235 grams of ganja is recovered from possession of petitioner accused. Again, learned counsel has disputed the recovery of green [2025:RJ-JP:37160] (4 of 5) [CRLMB-7562/2025] leaves, stems and seeds but not flowering top required as an essential constituent of Ganja. There is no detail by learned public prosecutor about FIR no. 543/2022 dated 25.12.2022 registered at P.S. Mozmabad, Jaipur (Rural). 7. 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 8. Thus, the instant bail application filed on behalf of applicants-accused Daulat Singh S/o Shri Hanuman Singh, is hereby allowed and 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 shall mark his presence of every Monday at P.S. Bagru and same shall be forwarded by the trial court. (iii) The applicant-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. (iv) 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. [2025:RJ-JP:37160] (5 of 5) [CRLMB-7562/2025] (v) In case of any violation of above conditions, the bail granted to the applicant-accused shall be liable to be canceled. 9. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /148