[2025:RJ-JP:41849] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 12961/2025 Virsingh S/o Babulal, Aged About 40 Years, R/o Rainibas Nangal, Police Station Raini, District Alwar (Raj.). (Presently In Sub Jail Bandikui) ----Petitioner Versus State of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Umesh Vyas For Respondent(s) : Mr. Jaiprakash Tiwari, PP HON’BLE MR. JUSTICE ANAND SHARMA Order 14/10/2025 1. This criminal misc. bail application has been filed by the petitioner under Section 483 of BNSS, 2023 in respect of FIR No.138/2025 registered at Police Station Mehandipur Balaji, District Dausa for the offences punishable under Section 8/21 of NDPS Act. 2. It is submitted by learned counsel for the petitioner that although it has been alleged in FIR that smack weighing 22.55 grams has been recovered from the petitioner, yet, such allegations were false. Compliance of Section 42 and 50 of NDPS Act has not been made in letter and spirit at the time of alleged recovery and arrest. It has also been submitted that although the alleged quantity of smack shown to have been recovered from the petitioner is more than small quantity, yet, it is less than commercial quantity. There is no criminal antecedent related to [2025:RJ-JP:41849] (2 of 3) [CRLMB-12961/2025] NDPS Act, against the petitioner. Petitioner is behind the bars since 13.09.2025 and no other recovery is required to be made and investigation against him has already completed. 3. Learned Public Prosecutor has vehemently opposed this bail application. 4. Considered the submissions made at Bar. 5. In view of the fact that the alleged recovered smack is less than commercial quantity, where bar of Section 37 of NDPS Act does not come into picture as well as the dispute raised by learned counsel for the petitioner with regard to following provisions of Section 42 and 50 of NDPS Act, this Court without expressing any opinion on the merits and demerits of the case, deems it just and proper to enlarge the petitioner on bail. 6. Accordingly, this Bail Application is hereby allowed. The accused-petitioner Virsingh S/o Babulal shall be released on bail in pursuance of FIR No. 138/2025 registered at Police Station Mehandipur Balaji, District Dausa on furnishing a personal bond of Rs. 1,00,000/- along with two sureties of Rs.1,00,000/- each. That apart, the accused-petitioner shall also follow the conditions as under:- (i) He shall not tamper with any evidence, nor would influence the witnesses in the case. (ii) He shall not leave the country without prior permission of the Court. [2025:RJ-JP:41849] (3 of 3) [CRLMB-12961/2025] (iii) He shall co-operate in the trial and shall attend each and every date of hearing in the trial, until and unless his presence is exempted by the trial Court. (ANAND SHARMA),J DIVYA /178