[2026:RJ-JP:15421] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3762/2026 Jaswinder Singh @ Kulwinder Singh @ Butta Singh S/o Shri Sohan Singh, R/o Khijarpur, Thana Talwandi, District Kapurthala (Punjab), Presently Residing At Khyali, Thana Makhu District Firozpur, Punjab. (At Present Lodged In District Jail, Sawai Madhopur). ----Petitioner Versus The State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Sneh Deep Khyaliya For Respondent(s) : Ms. Arti Sharma, Public Prosecutor HON'BLE MR. JUSTICE GANESH RAM MEENA Order 13/04/2026 1. The instant bail application has been filed under Section 483 of BNSS, 2023 on behalf of accused-petitioner in connection with FIR No.12/2026 registered at Police Station Sawaimadhopur, District GRP Ajmer for the offence under Section 8/15 of NDPS Act. 2. Learned counsel appearing for the accused-petitioner submits that the alleged contraband i.e. 7.650 Kg Doda-Chura is said to have been recovered from the possession of the accused- petitioner which is less than commercial quantity. He further submits that the accused-petitioner is in custody since 29.01.2026 and there is violation of provisions of Section 50 of the NDPS Act while making seizure of the contraband. 3. Learned Public Prosecutor vehemently opposed the bail application and submits that as many as 6 other criminal cases [2026:RJ-JP:15421] (2 of 5) [CRLMB-3762/2026] have been registered against the accused-petitioner, out of which, two are of similar nature under the provisions of NDPS Act. She also submits that in one of the case, the accused-petitioner has been convicted for offence under Section 21 of the NDPS Act. Therefore, the accused-petitioner does not deserve indulgence of bail by the Court. 4. Considered the submissions made by counsel for the petitioner as well as learned Public Prosecutor and also perused the material made available on record. 5. Though, the contraband recovered from possession of the accused-petitioner is less then commercial quantity however, this Court finds that apart from the present criminal case 6 other criminal cases were registered against the accused-petitioner, out of which, two are of similar nature punishable under the provisions of NDPS Act and in one of the case, he has already been convicted which is of similar nature. As regards contravention of Section 50 of NDPS is concerned, 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 [2026:RJ-JP:15421] (3 of 5) [CRLMB-3762/2026] 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 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 [2026:RJ-JP:15421] (4 of 5) [CRLMB-3762/2026] 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. 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 [2026:RJ-JP:15421] (5 of 5) [CRLMB-3762/2026] 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.” 6. Taking into consideration overall facts and circumstances of the case and more particularly the fact that six other criminal cases were registered against the accused-petitioner, out of which, two are of similar nature and in one of the case of similar nature, he has been convicted, hence, this Court is not inclined to enlarge the accused-petitioner on bail. 7. Accordingly, the present bail application is dismissed. (GANESH RAM MEENA),J Ashish Kumar /54