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2025 DAILYLAW 22731 (RAJ)

RAHUL JANGID S/O SHRI VINOD KUMAR JANGID v. NCB

CRLMB/8226/2025 · 2025-08-04

Ganesh Ram Meena

body2025

Judgment text

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[2025:RJ-JP:29841] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 3rd Bail Application No. 8226/2025 Rahul Jangid S/o Shri Vinod Kumar Jangid, Aged About 27 Years, R/o 75A, Saraswati Path, Karni Vihar, Ajmer Road, Jaipur (Presently Lodged In Central Jail Jaipur) ----Petitioner Versus NCB, through Special P.P. ----Respondent For Petitioner(s) : Mr. Sudhir Jain For Respondent(s) : Mr. T.P. Sharma, SPP for NCB HON'BLE MR. JUSTICE GANESH RAM MEENA Order 04/08/2025 1. The instant third bail application has been filed under Section 483 of the BNSS, 2023 on behalf of accused-petitioner arising out of Case File No.VIII(IO)02/NCB/JPZU/2024 registered at Police Station Narcotics Control Bureau, Zonal Unit, Jaipur for the offence under Sections 8(c), 22(c) & 27 read with Section 29 of the NDPS Act. 2. Learned counsel for the accused-petitioner submits that the allegation against the accused-petitioner is that he ordered for supply of LSD papers (Lysergic Acid Diethylamide) which was dispatched in a parcel from Mumbai on 31.01.2024 to be delivered to him. The gross weight of the LSD papers was 0.4 gram, out of which, a sample of 0.11 gram was taken and sent for FSL. He further submits that the weight of the sample received at laboratory was 0.1 gram only. [2025:RJ-JP:29841] (2 of 3) [CRLMB-8226/2025] 3. Learned counsel also submits that the alleged parcel containing the contraband i.e. LSD papers is said to have been ordered by the accused-petitioner and as per track report submitted before the learned trial Court upon reaching the same at Salem, it was opened and then parcel was again closed on 01.02.2024. He further submits that the said parcel was again opened on 02.02.2024 at Vaishali Nagar post office. He further submits that no videography of opening and closing of the parcel was recorded. 4. Learned counsel further submits that in the aforesaid fact the recovery of the contraband is doubtful and opening of the parcel twice for no good reasons create suspicious about the recovery which has been made on the back of the accused-petitioner. He further submits that no contraband has been recovered from the conscious possession of the accused-petitioner and the accused- petitioner is in custody since 03.02.2024. He further submits that the accused-petitioner is a young man of 27 years of age and because of his implication in a case based on false and fabricated story his whole future has been ruined. 5. Learned counsel for the petitioner has also raised an issue of non-compliance of the provisions of Section 50 of the NDPS Act. 6. Learned Special Public Prosecutor for NCB vehemently opposed the bail application and submits that his earlier bail application was dismissed vide order dated 31.08.2024 after due consideration of the facts on record. He further submits that there [2025:RJ-JP:29841] (3 of 3) [CRLMB-8226/2025] is no material change in the circumstances and the trial of the case is also at fagend. 7. Considered the submissions made at bar and also perused the material available on record. 8. Having considered the submissions made by counsel for the accused-petitioner and so also on making scrutiny of the track report of the alleged parcel and the statements of the prosecution witness PW-5, the Court is prima-facie satisfied as required under Section 37 of the NDPS Act and without expressing any opinion on the merits/demerits of the case, deems just and proper to enlarge the accused-petitioner on bail. 9. Accordingly, this third bail application is allowed and it is ordered that the accused-petitioner named above in connection with aforesaid case file shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- together with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. (GANESH RAM MEENA),J Ashish Kumar /189