[2026:RJ-JP:4526] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 801/2026 Kailash Chand Sansi S/o Shri Shiv Karan Sansi, R/o 30, Village Badi Ka Bas, Tonk Road, Bilwa Kalan, Sanganer, District Jaipur, Rajasthan. (At Present Confined In Central Jail Jaipur). ----Petitioner Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Kishan Swami For Respondent(s) : Mr. Tapesh Agarwal, Public Prosecutor HON'BLE MR. JUSTICE GANESH RAM MEENA Order 31/01/2026 1. The instant 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.623/2024 registered at Police Station Shivdaspura, District Jaipur City (South) for offences under Sections 8/20 & 8/21 of the N.D.P.S. Act. 2. Learned counsel for the petitioner submits that the allegation against the accused-petitioner is of an offence punishable under Section 8/29 of the NDPS Act. He also submits that no contraband has been recovered from the possession of the present accused- petitioner. 3. It is also submitted by counsel for the petitioner that from possession of the co-accused 984 gram ganja and 68 gram smack were recovered which are less than the commercial quantity. It is also submitted that the accused-petitioner is behind the bars since [2026:RJ-JP:4526] (2 of 3) [CRLMB-801/2026] 23.12.2025 and he is no more required for any kind of interrogation or recovery. 4. Learned Public Prosecutor vehemently opposed the bail application and submits that as per the evidence collected during investigation, the accused-petitioner is involved in the transportation and distribution of the contraband and therefore, he does not deserve to be released on bail. 5. Considered the submissions made by counsel for the accused-petitioner as well as learned Public Prosecutor and also perused the case diary. 6. The allegation against the accused-petitioner is that he is said to have provided the alleged contraband to the co-accused, namely, Beena Sansi from whose possession the alleged contraband is said to have been recovered. 7. The alleged contraband which has been recovered from possession of the co-accused is less than stipulated commercial quantity. 8. The Hon’ble Apex Court in the case of Puranmal Jat Vs. State of Rajasthan in Criminal Appeal No.3394/2023 arising out of SLP (Crl.) No.10670/2023 decided on 02.11.2023 has enlarged the accused therein on bail and observed as under:- “The allegations against the appellant relate to commission of offence under the provisions of Sections 8 and 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter called “the Act”). Alleged recovery from him is about 35 kgs. and 150 grams Doda Posh (Poppy straw). The commercial quantity for poppy straw is 50 kgs. [2026:RJ-JP:4526] (3 of 3) [CRLMB-801/2026] The appellant is in custody for over seven months. Charge-sheet has been submitted in the case. The recovered contraband item having weight less than the stipulated commercial quantity, the restriction on grant of bail under Section 37 of the Act does not apply in his case. We do not think his continued detention pending trial is necessary in the given circumstances.” 9. Having regard to the discussions made above, this Court without expressing any opinion on the merits or demerits of the case, deems just and proper to enlarge the accused-petitioner on bail. 10. Accordingly, the bail application under Section 483 B.N.S.S. is allowed and it is ordered that the accused-petitioner named above shall be enlarged on bail provided, he furnishes a personal bond in the sum of Rs.1,00,000/- together with two sureties of Rs.50,000/- each to the satisfaction of the learned trial Judge for his appearance before the Court concerned on all the dates of hearing and as and when called upon to do so. (GANESH RAM MEENA),J Ashish Kumar /9