[2025:RJ-JP:7117] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 3rd Bail Application No. 1301/2025 Naushad Ali @ Sonu S/o Fakruddin, R/o Infrontof Firm Itawa Road Sultanpur P.s. Sultanpur District Kota. ( At Present Confined At Central Jail Kota.) ----Petitioner Versus State Of Rajasthan, Through P.p ----Respondent For Petitioner(s) : Mr. Abdul Rahim Khan For Respondent(s) : Mr. Amit Kumar Punia, PP HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 17/02/2025 1. This instant third application for bail filed under Section 483 of BNSS by the applicant-accused Naushad Ali @ Sonu S/o Fakrudin in FIR No.96/2024 dated 01.05.2024 registered at P.S. Sultanpur District – Kota Rural, whereby the applicant-accused was charged under Sections 8/20 of NDPS Act. The first bail application was dismissed as withdrawn on 24.06.2024. The second bail application was dismissed by this Court on 09.07.2024. 2. Learned counsel for applicant petitioner submits that in the instant case the allegation is of recovery of 1 kg 40 grams of “Ganja” and same is not a commercial quantity. He further submits that the petitioner is in custody since 01.05.2024 and till date only one statement of PW-1 Harlal was recorded by the trial court. He further referred FIR no. 8/2020 dated 08.01.2020 P.S. [2025:RJ-JP:7117] (2 of 3) [CRLMB-1301/2025] Sultanpur, District Kota (Rural) and submitted that present petitioner was only arrayed as an accused on the basis of information of main accused and charge-sheet was filed under Section 8/29 of NDPS Act. He further referred FIR no. 259/2023 registered on 06.10.2023 at P.S. Sultanpur, District Kota (Rural) and submitted that on the basis of false recovery of 1 kg 170 grams of “Ganja” from possession of present petitioner and the matter was registered. He also submits that besides these two cases no other case was registered and pending against the petitioner. He further referred the material placed on record and submitted that the petitioner is innocent person and he was falsely implicated in the instant case. 3. Aforesaid contentions were opposed by learned Public Prosecutor and he submitted that the present petitioner is found involved in three cases relating to NDPS Act. 4. Heard learned counsel for petitioner and learned Public Prosecutor. Perused the material placed on record. 5. A perusal of copy of FIR no. 259/2023 registered at P.S. Sultanpur, District Kota (Rural) indicate that there was recovery of 1 kg 170 grams of “Ganja” from conscious possession of present petitioner and a case under Section 8/20 of NDPS Act was registered against the petitioner. 6. Prior to aforesaid, this petitioner was arrayed as an accused in FIR no. 8/2020 registered at P.S. Sultanpur, District Kota (Rural) wherein also the detained person Bhanwar Singh has named present petitioner as the source from whom he procured 5 kg 150 grams of “Ganja”. [2025:RJ-JP:7117] (3 of 3) [CRLMB-1301/2025] 7. A perusal of three FIRs registered from 2020 till now clearly indicate that this petitioner was allegedly involved in transporting or conspiracy to transport “Ganja” therefore, the petitioner is habitual dealer in psychotropic substances, thus he is not entitled to be released on bail. 8. The trial court has recorded statement of PW-1 Harlal and we have also perused the statement of Harlal. It is expected of trial Court to expedite the trial. 9. Having considered continuous involvement of the petitioner in similar nature of offence, I am of the considered view that this is not a fit case wherein petitioner accused can be enlarged on bail. 10. Hence, the present third bail application is dismissed. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /6