[2025:RJ-JP:46136] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous III Bail Application No. 12648/2025 Vishal @ Deepak S/o Chhitarlal, R/o Kherkheda, Police Station Chabra, District Baran (Raj.) (At Present Confined At District Jail, Baran). ----Petitioner Versus The State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Pankaj Gupta For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 17/11/2025 1. The instant third 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. 352/2023 registered at Police Station Chabra, District Baran for the offences under Sections 8/15 and 8/29 of NDPS Act. 2. Learned counsel for the accused-petitioner submits that the accused-petitioner has falsely been implicated in this case. He further submits that the second bail application of the accused- petitioner was dismissed by this Court vide order dated 26.09.2024. It is contended that the prosecution alleges that in a tractor trolley, 166 Kg of poppy straw was recovered out of 12 gunny bags. It is also contended that the accused-petitioner along with the other co-accused were apprehended by the Seizure Officer and in the seizure memo, it is stated that some brown [2025:RJ-JP:46136] (2 of 4) [CRLMB-12648/2025] material was found in the gunny bags. However, in the proceedings conducted under Section 52-A of NDPS Act, the concerned Magistrate has recorded that the material containing green stems were recovered, thus, there is a contradiction in the seizure memo and proceedings drawn under Section 52-A of NDPS Act. It is also contended that the petitioner is in custody since 01.08.2023 and trial is proceeding in snail pace manner. It is also contended that the provision of Article 21 of the Constitution over and above the provisions contained under Section 37 of NDPS Act and a person cannot be put behind the bars indefinitely. It is further contended that Hon'ble Apex Court in light of this principle has enlarged the accused of NDPS Act cases containing commercial quantity solely on the basis of long incarceration. Learned counsel for the petitioner has placed reliance upon the judgment of Hon'ble Apex Court Mohammad Parvezmiya Ismailmiya Sheku Vs. State of Rajasthan in Special Leave to Appeal (Crl.) No.10173/2024 decided on 04.10.2024, Siyaram Gurjar @ Gurja Vs. State of West Bengal in Special Leave to Appeal No.3401/2025 decided on 07.05.2025 and Pancharam Diparam Nen (Jat) Vs. State of Gujarat in Special Leave to Appeal (Crl.) No.5831/2025 decided on 28.07.2025. It is further contended that out of 17 witnesses, the prosecution has examined only 8 witnesses and the trial has to be recommenced as against the absconded accused Moolchand who appeared before the Trial Court, and thus the trial would take long time to conclude. It is further contended that the samples drawn by the Police Official were sent to the FSL with an inordinate delay. Learned counsel for the petitioner has placed reliance upon the judgment of Rahul Vs. [2025:RJ-JP:46136] (3 of 4) [CRLMB-12648/2025] State of Delhi, (2023)1 SCC Page 83 whereby, the hon'ble Apex Court held that as per the settled legal position in order to sustain conviction the circumstances taken cumulatively should form as per the settled legal position, in order to sustain conviction, the circumstances taken cumulatively should form a chain so complete that there is no escape from the conclusion that within all human probability, the crime was committed by the accused only and none else. In that case, the Hon'ble Apex Court even after considering the statement of PW-23 Dr. BK Mohapatra Senior Scientific Officer (Biology) of CFSC observed that samples relating to the accused and related to the deceased were seized by the Investigation Officer on 14.02.2012 and 16.02.2012 and they were sent to CFSL with a delay of 15 days which remained unexplained. Therefore, considering the above facts, the third bail application of the accused-petitioner may be allowed. 3. Learned Public Prosecutor has vehemently opposed the third bail application and contended that the provisions contained under Section 37 of NDPS Act are mandatory in nature and that the second bail application of the petitioner was dismissed on merits and after considering the impact of rider contained under Section 37 of NDPS Act. It is also contended that mere inconsistency in the seizure memo and proceedings drawn under Section 52-A of NDPS Act or sending the samples to the FSL with a delay, cannot be looked into, while considering the third bail application as the matter pertains to proper appreciation of evidence. It is also contended that the Hon'ble Apex Court in Narcotics Control Bureau v. Mohit Aggarwal, (2022) SCC Online SC 891 has categorically held that provisions under Section 37 of NDPS Act [2025:RJ-JP:46136] (4 of 4) [CRLMB-12648/2025] are mandatory and mere delay cannot be a ground to dilute the stringent conditions, therefore, considering the above facts, the third bail application of the accused-petitioner may be dismissed. 4. Heard and perused the material available on record. 5. It is alleged against the petitioner that along with the other co-accused, carrying commercial quantity of poppy straw. The second bail application of the petitioner was dismissed by this Court, after considering the mandate of Section 37 of NDPS Act. The mere inconsistency in the seizure memo and proceedings drawn under Section 52-A of NDPS Act, is a question of appreciation of evidence at the stage of trial and not the ground on which the petitioner can take liberty and be enlarged on bail. The three Judge Bench of the Hon'ble Apex Court in the matter of Mohit Aggarwal (Supra) has categorically held that provisions contained under Section 37 of NDPS Act are mandatory, therefore considering the above facts, this Court is not inclined to enlarge the accused-petitioner on bail. 6. Accordingly, the third bail application of the accused- petitioner is hereby dismissed. (PRAVEER BHATNAGAR),J Keshav/6