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2026 DAILYLAW 10223 (RAJ)

RAMSAHAY SON OF GHASILAL v. THE STATE OF RAJASTHAN

CRLMB/4735/2026 · 2026-07-13

Ganesh Ram Meena

body2026

Judgment text

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[2026:RJ-JP:26165] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Second Bail Application No. 4735/2026 URN: CRLMB / 8526U / 2026 Ramsahay Son Of Ghasilal, Resident Of Brijlal Nagar, Malpura, Tehsil Malpura, District Tonk (Rajasthan) (At Present In District Jail Tonk) ----Petitioner Versus The State Of Rajasthan, Through P.P. ----Respondent For Petitioner(s) : Mr. Sanjay Verma, with Mr. Himanshu Verma For Respondent(s) : Mr. Tej Prakash Sharma, S.P.P. HON'BLE MR. JUSTICE GANESH RAM MEENA Order 13/07/2026 1. This second bail application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused-petitioner in connection with FIR No. 12/2025 registered at C.B.N. Jaipur for offence under Sections 8/22 of the N.D.P.S. Act 1985. 2. Learned counsel for the petitioner submits that the accused-petitioner has been implicated in this case on the basis of the false and fabricated facts. He further submits that the alleged contraband i.e. Tramadus-P and Alprazo 0.5 capsules have been recovered from a box which was lying on the counter of the [2026:RJ-JP:26165] (2 of 3) [CRLMB-4735/2026] medical shop of the petitioner. He further submits that the accused-petitioner is running the said medical shop with an authorized licence. He also submits that the accused-petitioner is in custody since 25.07.2025 and the independent witness, namely; Phelu Ram, recorded as PW-2, has not supported the prosecution story of the alleged contraband recovered from possession of the petitioner. 3. Learned Public Prosecutor opposed the bail application and submits that the alleged contraband which has been recovered from the possession of the accused-petitioner i.e. from the shop of the petitioner is above commercial quantity and the evidence collected during the investigation clearly speaks that the accused-petitioner is involved in this crime. 4. Considered the submissions made by the counsel for the petitioner as well as learned Public Prosecutor and also perused the challan papers and statements of the independent witness recorded as PW-2. 5. The allegations against the accused-petitioner is that on secret information when the search of the shop of the petitioner was made, the alleged contraband i.e. Tramadus-P and Alprazo 0.5 capsules were recovered from the shop of the petitioner and the weight of those capsules is above commercial quantity. 6. On going through the statements of the independent witness recorded as PW-2 Phelu Ram, prima-facie the Court finds support of the recovery of the contraband from the shop of the petitioner which is above commercial quantity. [2026:RJ-JP:26165] (3 of 3) [CRLMB-4735/2026] 7. In view of the above and the provisions under Section 37 of the N.D.P.S. Act, this Court is not inclined to enlarge the accused-petitioner on bail. 8. Accordingly, this second bail application is dismissed. (GANESH RAM MEENA),J 2/SHRUTI SHARMA