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[2026:RJ-JP:1048] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 183/2026 Jakir S/o Taaj Mohammed, Aged About 50 Years, Residence Of Ward No. 2 Kalyanpura Mill Gate Ke Samne, Bhawanimandi Police Station Bhawanimandi, District Jhalawar (Raj.) (Petitioner Is In Sub Jail Bhawanimandi) ----Petitioner Versus The State Of Rajasthan, Through P.p. ----Respondent For Petitioner(s) : Mr. Ali Mohammed Khan For Respondent(s) : Mr. Manvendra Singh Shekhawat, PP HON'BLE MR. JUSTICE PRAMIL KUMAR MATHUR
Order 12/01/2026
1. The petitioner has filed this bail application under Section 483 of BNSS in FIR No.365/2025 registered at Police Station Bhawani Mandi, District Jhalawar Rural for offences under Sections 8, 22 and 29 of NDPS Act, 1985.
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 the petitioner has falsely been implicated in this case. He further submits that total 11 gram MDMA was recovered from the possession of the present petitioner along with two co-accused. He again submits that the weight of the contraband was taken along with the plastic pouch; therefore, there is a strong possibility that the actual weight of the contraband, if calculated separately, would fall below the commercial quantity. He contends that the weight of controlled
[2026:RJ-JP:1048] (2 of 2) [CRLMB-183/2026] sample is only 3 grams, whereas Notification No. 802 dated 23.12.2022 issued under the NDPS Act prescribes a minimum sample quantity of 5 grams; hence, the mandatory requirement has not been complied with. Though two cases have been reported as criminal antecedents against the petitioner but both are of different nature in which one has been disposed of and in other charge-sheet has been filed. He further submits that petitioner is behind the bars since 26.08.2025. The trial of the case will 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.
5. On consideration of the rival submissions and material available on record and in the light of submission made by learned counsel for the petitioner but without expressing any opinion on merits/demerits of the case, I am inclined to grant benefit of bail to the petitioner.
6. Consequently, the bail application under Section 483 B.N.S.S. is allowed and it is directed that the petitioner Jakir S/o Taaj Mohammed, be released on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties in the sum of Rs.25,000/- each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court on all subsequent dates of hearing till conclusion of the trial.
(PRAMIL KUMAR MATHUR),J Chandan/22