[2025:RJ-JP:47866] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 6082/2025 Fata Ram Vishnoi S/o Harsukh Ram Vishnoi, Aged About 48 Years, R/o Chaki Walla Mohalla, Tilwasni Tehsil, Pipar City, Police Station Bilara, District Jodhpur (Raj.) (Presently Accused Petitioner Confined In Central Jail, Ajmer). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Deepak Chauhan For Respondent(s) : Ms. Arti Sharma, PP Mr. Rhishi Raj Singh Rathore, PP Mr. Gajraj, CI, SHO Police Station Beawar Sadar HON'BLE MR. JUSTICE SAMEER JAIN Order 26/11/2025 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 512/2014 registered at Police Station Beawar Sadar District Ajmer for the offence(s) under Sections 8/15 NDPS Act and Sections 420, 466, 467, 468, 471 of IPC. 2. Learned counsel for the accused-applicant submits that the applicant is sole bread earner of the family, aged about 48 years. It is submitted that charge-sheet has been filed and there are no criminal antecedents against the applicant. It is further submitted that applicant is in custody ever since 18.07.2024. Moreover, it is submitted that approximately 1804 kgms of Poppy [2025:RJ-JP:47866] (2 of 3) [CRLMB-6082/2025] Stem has been recovered from the co-accused, namely Dinesh. It is also submitted that co-accused was the driver of the vehicle from which the said contraband was recovered and charges under Section 420 are levelled for fraudulently changing the number plate of the vehicle. It is further submitted that one FIR was registered by the applicant on 07.11.2014 and an agreement of sell was also executed for the sale of appropriate vehicle. 3. Per contra, learned Public Prosecutor has vehemently opposed the instant bail application. In compliance of the order dated 14.11.2025, the Investigating Officer has marked presence in the Court and has submitted that the recovered quantity of contraband i.e., 1804 kgms is much more than the prescribed commercial quantity i.e., 50 kgms. It is further submitted that the provisions of Section 37 of the NDPS Act are attracted in the instant matter and no prima facie case for the grant of bail has been made out. It is also submitted that the accused-applicant has not followed the prescribed procedures as enshrined under the Motor Vehicles Act in execution of agreement to sell the vehicle. Moreover, it is submitted that the driver, namely Dinesh, who is also the co-accused has been convicted for the committed offences and qua the accused-applicant, from a long period, proceedings are pending under Section 138 of NI Act. 4. Having heard the arguments advanced by the learned counsel for the parties and taking note of the fact that the recovered quantity of the contraband is much more than the commercial quantity; that as per Section 37 of the NDPS, no prima facie case for the grant of bail has been made out in the instant matter and looking to the overall facts and circumstances [2025:RJ-JP:47866] (3 of 3) [CRLMB-6082/2025] of the case and material on record but without commenting on merits/demerits of the case, this court is not inclined to allow the instant bail application of the accused-applicant. 5. Accordingly, the bail application under Section 483 BNSS is dismissed. (SAMEER JAIN),J Pooja /15