[2025:RJ-JP:4504] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 13551/2024 Gurdeep Singh @ Gurpreet Singh S/o Ajayab Singh, R/o Bagadiya Sangrur, Punjab. (Presently Confined In District Jail Kotputli). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Sunil Tyagi Mr. Anirudh Tyagi For Respondent(s) : Mr. Devi Singh, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 03/02/2025 The instant bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The petitioner has been arrested in connection with FIR No. 319/2023 registered at Police Station Shahpura, District Jaipur (Rural) for the offence(s) under Sections 8/15 of NDPS Act. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. Counsel further submits that examination in chief of two witnesses have been recorded. Other co-accused Vishram Choudhary has already been enlarged on bail by Hon’ble Apex Court vide order dated 11.11.2024 passed in Special Leave to Appeal (Cr.L) No. 13034/2024 on the ground of long incarceration. The accused petitioner is in custody since 04.09.2023 and the trial of the case will take considerable time. Therefore, the benefit of bail may be granted to the accused-petitioner. [2025:RJ-JP:4504] (2 of 2) [CRLMB-13551/2024] Per contra, learned Public Prosecutor opposes the bail application and contended that 141.390Kg of poppystraw was recovered from the possession of petitioner’s Hyundai car bearing No. PB 13 BL 1600. Alleged quantity falls within the ambit of commercial quantity and as per the provision under Section 37 of NDPS Act, at this stage it cannot be said that petitioner is not guilty of the offence. Case of co-accused Vishram is entirely different from the present petitioner as he was not found carrying contraband articles and he was charge-sheeted under Section 8/29 of NDPS, therefore bail application of accused-petitioner may be dismissed. Heard and perused the material available on the record. It is alleged against the petitioner that he was carrying 141.390 Kg of poppy-straw in a car, said quantity of poppy-straw falls within the ambit of commercial quantity. The Hon’ble Apex Court in the case of NCB Vs. Mohit Aggarwal, 2022 Livelaw (SC) 613 has held that conditions enumerated under Section 37 NDPS Act are mandatory and delay in trial cannot be a ground to enlarge the accused-petitioner on bail. The case of co-accused Vishram who has been enlarged on bail by the Hon’ble Apex Court is entirely different from the present petitioner as no recovery was effected from Vishram’s possession. Therefore considering the rider imposed under Section 37 of the NDPS Act, this court is not inclined to enlarge the accused-petitioner on bail. Accordingly, instant bail application is hereby dismissed. (PRAVEER BHATNAGAR),J ashu /2