[2025:RJ-JP:40812] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 11533/2025 Pawan S/o Gordhan Lal, Aged About 36 Years, R/o Jain Mohalla, Ward No. 7, Garoth, Police Station Garoth, District Mandsaur (M.P.) (At Present In Sub Jail Bhawani Mandi, Jhalawar) ----Accused-Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vijay Singh, Adv., for Mr. Shyam Bihari Gautam, Adv. For Respondent(s) : Mr. N.S. Dhakar, PP HON'BLE MR. JUSTICE ANIL KUMAR UPMAN Order 08/10/2025 1. This second bail application has been filed under Section 483 of BNSS on behalf of the petitioner, who has been arrested in connection with FIR No.29/2025 registered at Police Station Bhawani Mandi, District Jhalawar for offences punishable under Sections 8/22 and 8/29 of NDPS Act. After completion of investigation, Police filed charge-sheet in this matter for offences punishable under Sections 8/22, 8/29 and 8/25 of NDPS Act. 2. The first bail application filed on behalf of the petitioner was dismissed as withdrawn by this court vide order dated 24.02.2025 while giving liberty to renew the prayer for bail after recording the testimony of Seizure Officer. Now, Seizure Officer of this case has been examined during the course of trial thus, this second bail application has been preferred. [2025:RJ-JP:40812] (2 of 4) [CRLMB-11533/2025] 3. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. Counsel submits that during the course of trial, FSL report has also been received by the trial Court. Counsel submits that bare perusal of the FSL report would reveal that presence of MDMA could not be deducted in the sample therefore, false case of recovery of MDMA has been instituted against the petitioner. Counsel submits that sample sent to the FSL shows presence of Mephedrone for which commercial quantity is 50grams. According to the prosecution case, petitioner was found in possession of contraband (Mephedrone) weighing 16 grams thus, in view of the FSL report, it can be safely concluded that petitioner was found in possession of Mephedrone weighing 16grams which is admittedly below commercial quantity. It is contended that trial will take considerable time in its conclusion. Counsel submits that petitioner is in custody since 09.01.2025 and further custody of the petitioner would not serve any fruitful purpose. 4. Learned Public Prosecutor opposes the submissions made by learned counsel for the petitioner and submits that though petitioner has been found in possession of contraband which is below commercial quantity, but he is a habitual offender as one other case under the NDPS Act has been registered against him. 5. At this stage, learned counsel for the petitioner relies upon the order passed by Hon’ble Apex Court on 10.01.2025 in SLP (Crl.) No.16671/2024 titled as Shambulal Gurjar @ Rohit Versus State of Rajasthan wherein after considering the fact that accused has already suffered incarceration of about 1 year [2025:RJ-JP:40812] (3 of 4) [CRLMB-11533/2025] and 8 months facility of bail was granted to the accused despite the fact that three other cases under the NDPS Act was registered against him. 6. I have considered the contentions. 7. Having regard to the totality of the facts and circumstances of the case; considering the arguments advanced by learned counsel for the petitioner, especially the fact that FSL report shows presence of Mephedrone in the sample, so also the fact that alleged recovered contraband is below commercial quantity and trial will take considerable time in its conclusion as well as looking to the period of custody, but without commenting anything on the merits/demerits of the case, I deem it fit and proper to allow the second bail application. 8. This second bail application is accordingly allowed and it is directed that accused-petitioner Pawan S/o Gordhan Lal shall be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- (Rupees Fifty Thousand only) together with two sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each to the satisfaction of the learned Trial Court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 9. It is made clear that the accused-petitioner shall not involve in any other offence(s) during currency of the bail and he shall mark his presence in first week of every month in the concerned police station. [2025:RJ-JP:40812] (4 of 4) [CRLMB-11533/2025] 10. Concerned SHO shall enter the attendance of the petitioner in the Roznamcha. In case the petitioner fails to mark his presence in the concerned police station, the concerned SHO is directed to immediately report the matter to the concerned Court in this regard. 11. If any breach of these conditions is reported or come to the notice of the Court, the same shall alone be a reason for the trial court to cancel the bail granted to him by this Court. 12. Office is directed to send a copy of this order to the concerned SHO for necessary compliance. 13. The observations made hereinabove are only for decision of the bail application and would not have any impact on the trial of the case in any manner. (ANIL KUMAR UPMAN),J MADAN/62