[2025:RJ-JP:43141] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 7821/2025 Kamal Chulet S/o Chiranjilal, Aged About 65 Years, R/o Out Of Churu Gate, Ward No. 10, Kasba Ramgarh Sekhawati, Police Station Ramgarh Sekhawati, Distt. Sikar. (Raj.) (Petitioner Is Sub Jail Fatehpur.) ----Petitioner Versus The State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Ali Mohd. Khan For Respondent(s) : Mr. Rajendra Singh Shekhawat, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR Order 27/10/2025 1. The petitioner has preferred this second bail application under Section 483 of BNSS in FIR No.166/2024 registered at Police Station Ramgarh Sethan, District-Sikar for offences under Sections 8, 15, 18 and 20 of NDPS Act. 2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record. 3. Learned counsel for the petitioner submits that as per the FIR, 22.226 kilograms of ganja was recovered from the conscious possession of the present petitioner. It is submitted that as per the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), the commercial quantity of ganja is 20 kilograms, and therefore, the recovered contraband is only 2.226 kilograms higher than the prescribed commercial quantity. It is further [2025:RJ-JP:43141] (2 of 3) [CRLMB-7821/2025] submitted that the statement of the Investigating Officer (PW-1 Vimla) has been recorded, and during her cross-examination, she has admitted that the seized contraband contains seeds and leaves, and that at the time of seizure, she had not separated the same while weighing the contraband. She also admitted that out of the total 22 kilograms of seized material, around 4–5 kilograms consisted of seeds and leaves. Hence, after excluding the weight of the seeds and leaves, the actual weight of the contraband would be less than the commercial quantity as defined under the NDPS Act. Learned counsel further contends that the petitioner is a 65-year-old person and has been in judicial custody since 19.12.2024. It is also submitted that the petitioner has no previous criminal antecedents. The trial of the case may take considerable time, therefore, no fruitful purpose would be served by keeping the petitioner in further custody, hence, the bail application of the petitioner may be allowed. 4. Learned Public Prosecutor has vehemently opposed the bail application. However, he has not refuted the testimony of the Investigating Officer, PW-1 Vimla, who in her cross-examination admitted that the seized contraband included seeds and leaves, were not separated at the time of weighing. 5. On consideration of the rival submission and material available on record and deliberating all the facts and circumstances of the case, especially in the backdrop of the statements of the Investigating Officer made during her cross-examination and without expressing any opinion on the merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner. [2025:RJ-JP:43141] (3 of 3) [CRLMB-7821/2025] 6. Accordingly, the second bail application under Section 483 B.N.S.S. is allowed and it is ordered that the petitioner-Kamal Chulet S/o Chiranjilal shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial court for his appearance before that Court on all the dates till conclusion of the trial. (PRAMIL KUMAR MATHUR),J Arun/16