[2026:RJ-JP:15311] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5442/2026 Anil Kumar Saini S/o Shri Ashok Kumar, Aged About 38 Years, R/o Ward No. 11, Village Ajitgarh, Police Station Ajitgarh, Tehsil Shrimadhopur, District Sikar, Rajasthan. (Presently Confined In Sub Jail Neem Ka Thana). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. G.S. Rathore For Respondent(s) : Ms. Aarti Sharma, P.P. HON'BLE MR. JUSTICE GANESH RAM MEENA Order 13/04/2026 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. 102/2026 registered at Police Station Ajitgarh, District Sikar for offence under Sections 8, 21, 22, 25 of the N.D.P.S. Act 1985. 2. Learned counsel for the petitioner submits that the alleged contraband i.e. 17.29 gram Proxywel SPAS is said to have been recovered from the possession of the accused-petitioner which is less than the commercial quantity. He further submits that while making search and seizure the requirement provided under Section 50 of the NDPS Act have been aided by the Seizure Officer. He also submits that accused-petitioner is in custody since [2026:RJ-JP:15311] (2 of 5) [CRLMB-5442/2026] 20.03.2026 and there are no criminal antecedence discredit to the petitioner. 3. Learned Public Prosecutor opposed the bail application and submits that the investigation of the case is still going on and conclusion of the investigation is yet to be submitted by the Police. 4. Considered the submissions made made by the counsel for the petitioner and learned Public Prosecutor. 5. As regards the violation of Section 50 of NDPS Act this Court in case of Shakti Gurjar Vs. State & Anr. (S.B. Criminal Misc. Bail Application No.13814/2023) decided on 30.07.2024 after considering the law laid down by the Hon’ble Apex Court and various other Courts has observed in paras 27 to 31 as under:- “27. This Court has to go by the provisions of statutory law because any order of the Court without considering the provisions of the law in force or contrary to the same is said to be per-incurrium and this Court would like to restrain itself from passing such order. 28. In the present case there is recovery of contraband weighing more than the commercial quantity as notified and also there are five other criminal cases pending against the petitioner. There are no reasons for satisfaction of this Court so as to believe that the accused petitioner is not guilty of offences under the provisions of the Act of 1985 and that he is not likely to commit any offence while on bail as he is already facing five other criminal cases. 29. Drug abuse has taken its toll in almost all the districts of Rajasthan. The addicts primarily belong to youth age. The high rate of drug consumption is leading to issues like illegal trade, drug trafficking, and smuggling. The problem of drug addiction has a significant bearing on drug trafficking which has become a significant challenge for governments and social reformers. The NCB reports that the main internal factor for drug trafficking in India is the illicit [2026:RJ-JP:15311] (3 of 5) [CRLMB-5442/2026] cultivation of opium, poppy and cannabis. Also, the diversion from licit opium sources to illegal opium production is a major concern. In the trends of 2020, Rajasthan is among the 3 major states, along with Uttar Pradesh and Madhya Pradesh, from where the opium is trafficked to other parts of the country. Young Indians addicted to drugs are spoiling their lives. Drug addiction is the worst kind of addiction and it causes numerous mental and physical ailments and such youth go often into depression. In order to cope up with stress and depression, they try to consume more drugs and keep spiraling around and are never able to leave this addiction. They lose their sense of control and become vulnerable and many of them commit suicide or get involved in different kinds of criminal activities. Drug abuse has a direct impact on social and economic aspect of the nation. The impact of drug is realized in workplace, family and the society. It results in violence at home and gang wars in cities, increase crimes and even stresses the public health system and we find young mass addicted to drugs which leads to unsafe life. Addiction not only breaks the family harmony but also puts high economic burden on the society. The economic impact due to Drug abuse is immeasurable. According to UNDCP report, the economic effects of drug abuse can be measured in two forms, i.e. cost of government drug enforcement policies and the lost human productivity such as lost wages and decreased production that results from illness and premature deaths related to drug abuse. There are many hidden costs relating to disturbance in social life, wastage of young energy. One can notice apparent rapid changes in societal alignment owing to the reduced family and community cohesiveness, increased unemployment and underemployment, economic and social marginalization and increased crime as a direct result of the problem of drug abuse. Youth forms the basic unit of the society. The harmony of the society depends on its younger members. When the members of society become drug abusers then it disturbs the entire societal harmony. Every society suffers due to even a single drug abuser. It affects the life style and also financial condition of the society concerned. [2026:RJ-JP:15311] (4 of 5) [CRLMB-5442/2026] It is a common practice in the rural areas for the farmers to leave their tools and machineries lying in the fields unsupervised. The drug addicts often end up resorting to the commission of offences like stealing of tools, equipments and machineries of the farmers of their safe and regular farming style. Thus, it develops a strong correlation between addiction and an increased risk of commission of offences. When drug problems in a community are perceived as serious, people must face unpleasant alternatives. The can accept the reality of drugs in their neighbourhood, adapting to a situation that they cannot hope to change immediately; they can change their lifestyle to reduce the threat of drug dealing and violence in their localities; they can change the environment by some form of community action either with or without the support of the police. Many of these alternatives are not available to persons living in poverty or with limited means. Thus, with fewer choices, the poor pay a greater personal price for drug problems than others. One aspect of this connection between drugs and crime is temporal causation; that is involvement in property crime generally precedes the addiction career. After addiction occurs, property crime increases and narcotic use is further increased. Drugs and crime cannot be considered separately, in isolation from each other, especially if they emerge from a common set of circumstances. It is a well accepted fact that drug use is a strong correlate of being booked for a criminal offence, but age is the more important correlate of criminal involvement and poverty an even more important predictor of property crime. 30. It can thus very precisely be concluded that what is alluring for one can be daunting for the others. The addicts are, therefore, an added burden to the law- abiding population. 31. Having considered the material available on the record in the form of charge-sheet and the pendency of five other criminal cases against the petitioner, in the opinion of this Court it cannot be said at this stage that the accused petitioner is not guilty of the offences involving commercial quantity of the contraband and that he is not likely to commit any offence while on bail.” [2026:RJ-JP:15311] (5 of 5) [CRLMB-5442/2026] 6. Taking into consideration the allegations against the accused-petitioner and more particularly the fact that investigation is still going on, this Court is not inclined to enlarge the accused- petitioner on bail at this stage. 7. Accordingly, the bail application is dismissed. 8. However, accused-petitioner would be at liberty to file fresh bail application after completion of the investigation. (GANESH RAM MEENA),J SHRUTI SHARMA /22