[2025:RJ-JP:39560] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 11141/2025 Premchand S/o Ramdayal, Aged About 44 Years, R/o Aacharya Mohalla, Ward No. 4 Bhinai, Police Station Bhinai, District Ajmer (Rajasthan) (At Present Confined In Sub Jail, Kekri). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent Connected With S.B. Criminal Miscellaneous Bail Application No. 12447/2025 Sanwarlal S/o Shri Dudaji, Aged About 36 Years, R/o Ekalsinga, Police Station Bhinai, District Ajmer. (At Present Confined In Central Jail, Ajmer). ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Praveen Kumar Jain with Mr. Avinash Dhanju and Mr. Bhadar Singh Mr. Ayush Agarwal For Respondent(s) : Ms. Arti Sharma, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 24/09/2025 1. The present bail applications under Section 483 of BNSS are filed by the applicants-accused Premchand S/o Ramdayal and Sanwarlal S/o Shri Dudaji seeking bail in respect of a criminal case registered as FIR No.173/2025 dated [2025:RJ-JP:39560] (2 of 5) [CRLMB-11141/2025] 16.07.2025 registered at P.S. Bhinai, District - Ajmer, for the offence under Sections 8/21 of NDPS Act. 2. Learned counsel for the applicants submits that the applicants have been falsely implicated in the matter and the investigation against them is complete and they are no more required in investigation. He further submits that there are no chance of fleeing of applicant accused from the jurisdiction of this Hon’ble Court. The applicants do not have any criminal antecedents. He also submits that the applicants undertakes not to repeat offence and cooperate with investigation/trial, which will take time. 3. Learned counsel for accused Premchand submitted that without following mandatory provision under the NDPS Act, police has searched petitioner. He further submitted that without ensuring presence of independent witnesses, seizure memo was prepared by police. He further submitted that recovered quantity is 50.12gm of smack and same is less than commercial quantity. He also submitted that one criminal case under the Excise Act was registered against petitioner wherein charge-sheet has been filed. 4. Learned counsel for petitioner Sanwarlal submitted that while drawing seizure memo, police has interrogated the accused and he revealed that smack is procured from Abhishek and possible purchaser are Gujnu, Sanwarlal, who consumed smack. He further submitted that till dated there is no witness to show that present petitioner was part of conspiracy or abetment in commission of crime by petitioner [2025:RJ-JP:39560] (3 of 5) [CRLMB-11141/2025] Prem Chand. He also submitted that there is no criminal antecedents against petitioner. 5. Learned Public Prosecutor has vehemently opposed the bail applications and submitted that the allegations are grave and serious in nature. 6. Heard learned counsel for the parties and learned Public Prosecutor. Perused the material placed on record by both the parties. 7. On 15.07.2025, police has intercepted a motocycle without number and found petitioner Premchand in suspicious condition. On search, police has recovered 50.12gm of smack. During interrogation, police came to know that smack is procured from Abhishek resident of Gangrar and same is likely to be sold to Gujnu, Sanwarlal and others, for consumption. After investigation, police has filed charge- sheet against Premchand under Section 8/21 of NDPS Act but kept investigation pending against Abhishek, Gujnu and Sanwarlal. The quantity recovered from Premchand is less than commercial and there is one criminal case under the Excise Act against him but there is no criminal antecedents against the Sanwarlal. 8. Section 29 of the NDPS Act deals with punishment for abetment in criminal conspiracy relating to offence under the NDPS Act. The provision applied where there is evidence of helping or encouraging any other offender in commission of act as prohibited under the NDPS Act or planning or agreeing to commit any NDPS offence including production, possession, sale, purchase and transport etc. [2025:RJ-JP:39560] (4 of 5) [CRLMB-11141/2025] 9. Section 27 of NDPS Act provides for punishment on consumption of heroine or smack. Herein this case, the referred material indicated that only on ground of name of future of possible customer, the petitioner accused Sanwarlal is arrayed as an accused. The trial court has to see role and involvement before proceeding in the matter. 10. Upon hearing the arguments and perusing the record, we have found that the applicants-accused are no more required in the investigation and they are in custody for quite some time. The further proceedings will take its own time, therefore, looking to entirety of facts and circumstances of the case and without expressing any opinion on merits of the case, the Court deems it appropriate to grant bail to the applicants-accused. 11. Thus, the instant bail applications filed on behalf of applicants-accused Premchand S/o Ramdayal and Sanwarlal S/o Shri Dudaji, are hereby allowed and the applicants-accused are ordered to be released on bail with condition that each of the petitioner would furnish a personal bond of ₹50,000/- with two sureties of like amount to the satisfaction of the Trial Court with the following conditions:- (i) The applicants-accused shall not tamper with evidence or influence the witness in any manner. (ii) The applicants-accused shall not indulge in any criminal activity and shall not repeat any criminal offence punishable under the Law. [2025:RJ-JP:39560] (5 of 5) [CRLMB-11141/2025] (iii) The applicants-accused shall attend the hearing of the Trial Court on the date fixed by the Trial court or as and when asked to appear before the Trial Court. (iv) In case of any violation of above conditions, the bail granted to the applicants-accused shall be liable to be canceled. 12. The Registry is directed to send a copy of this order to the Trial Court through E-mail. (ASHOK KUMAR JAIN),J PREETI VALECHA /157 and 41