HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous IV Bail Application No. 12653/2025 Mahendra S/o Babulal, Aged About 32 Years, R/o Maliyon Ki Dhani, Biyawas P.s. Viratnagar, District Kotputli-Behror (Raj.) (At Present In Sub Jail, Kotputli). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Tanay Jain Ms. Nimisha Bissa For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 10/11/2025 1. The instant forth bail application has been filed under Section 483 BNSS on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No. 67/2024 registered at Police Station Viratnagar, District Kotputli-Behror for the offences under Sections 8/21 and 8/22 of NDPS Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. The first bail application of the accused-petitioner was dismissed on merits vide order dated 26.09.2024, thereafter, petitioner again preferred second bail application which was dismissed on 20.12.2024, as not pressed and in the third bail application vide order dated 07.07.2025, court granted opportunity to learned counsel for the petitioner to approach the concerned court and thereafter submit the bail application afresh, if requires. After (2 of 3) [CRLMB-12653/2025] submission of the bail application, trial court dismissed the bail application vide order dated 03.09.2025. It is also contended that the accused-petitioner is in custody since 18.03.2024 and trial has yet not been proceeded. No evidence has been recorded by the trial court. The trial court has made all efforts to ensure the presence of the witnesses, however witnesses did not turn-up before the court. The order-sheet of the trial court clearly demonstrate that more than 17 opportunities have been granted to the prosecution to examine the witnesses, therefore on the ground of long incarceration the forth bail application of the petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the bail application and contended that from the possession of petitioner 871.2 gram of tramadol were recovered and said quantity falls within the ambit of commercial quantity. Hon’ble Apex Court in the case of Narcotics Control Bureau Vs. Mohit Aggarwal 2022 Livelaw (SC) 613 has categorically held that rider imposed under Section 37 NDPS cannot be diluted solely on the ground of delay in trial and long incarceration, therefore, considering the above facts, the forth bail application of the accused-petitioner deserves to be dismissed. 4. Heard and perused the material available on record. 5. Considering the fact that 871.2 gram of tramadol were recovered from the possession of the accused-petitioner and the said quantity falls within the ambit of commercial quantity and the provisions contained under Section 37 of the NDPS Act are mandatory, this court is not inclined to enlarge the accused petitioner on bail. (3 of 3) [CRLMB-12653/2025] 6. Accordingly, the court bail application of the accused- petitioner is hereby dismissed. 7. In case the fresh bail application is filed before the trial court, it is expected from the court to decide the same, expeditiously. (PRAVEER BHATNAGAR),J ashu/25