[2025:RJ-JP:8291] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2311/2025 Ajaypal S/o Shri Gopal Ram, Aged About 45 Years, R/o Village Dhatarwalon Ka Gaon, Bhojasar, Post Office Bhojasar, Police Station Bhojasar, Tehsil Phalodi, District Jodhpur. (Accused Petitioner At Present Confined In Central Jail Ajmer). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Kuldeep Sharma, Adv. Mr. Mohit Kumar Sharma, Adv. For Respondent(s) : Mr. Shree Ram Dhakar, PP HON'BLE MR. JUSTICE PRAVEER BHATNAGAR Order 24/02/2025 1. The instant bail application has been filed under Section 483 of B.N.S.S. on behalf of accused-petitioner. The accused-petitioner has been arrested in connection with FIR No.VIII(IO) 11/NCB/JZU/2020, registered at Police Station N.C.B., Jodhpur for the offence(s) under Sections 8/15 and 8/29 of the N.D.P.S. Act. 2. Learned counsel for the petitioner submits that the accused- petitioner has falsely been implicated in this case. It is argued that the accused-petitioner was arrested on 20.05.2020 and since then accused petitioner is in custody. The prosecution has examined only 4 witnesses out of total 10 cited witnesses, the trial of the case may take considerable time, therefore considering the long incarceration of the accused-petitioner, the bail application may be allowed. [2025:RJ-JP:8291] (2 of 2) [CRLMB-2311/2025] 3. Learned Public Prosecutor has vehemently opposed the bail application. It is contended that from the joint possession of the accused-petitioner and the other co-accused Shankar Lal, 1074.095 Kg of 'poppy straw' was recovered from a vehicle bearing No.RJ-19-GA-1021. The said quantity falls within the ambit of commercial quantity. The prosecution has examined 4 witnesses out of total 10 cited witnesses. Therefore, considering the rider imposed under Section 37 of the N.D.P.S. Act, the bail application of the accused petitioner may be dismissed. 4. Heard and perused the material available on the record. 5. It is trite law that mere long incarceration itself cannot be a ground to enlarge the accused-petitioner on bail. The Hon'ble Apex Court in Narcotics Control Bureau Vs. Mohit Aggarwal 2022 SCC OnLine SC 891, has categorically held mere long incarceration or delay in trial cannot be a ground to grant bail. Therefore, considering the commercial quantity of contraband article recovered from the joint possession of the accused petitioner and the other co-accused, this Court is not inclined to enlarge the accused-petitioner on bail. 6. Accordingly, the instant bail application filed on behalf of the petitioner is hereby dismissed. (PRAVEER BHATNAGAR),J Ashwani Kr Srivastava /-62