[2026:RJ-JP:12336] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5610/2025 Nosher Khan S/o Abbal Khan, R/o Ghatakhedi, Police Station Dug, Distt. Jhalawar. (Raj.) ----Applicant Versus The State of Rajasthan through PP ----Respondent For Petitioner(s) : Ms. Shahzadi Bano for Mr. Ali Mohammed Khan For Respondent(s) : Mr. Vivek Sharma, PP HON'BLE MR. JUSTICE SAMEER JAIN Order 24/03/2026 1. The present anticipatory bail application has been filed under Section 482 of the BNSS in connection with FIR No.43/2025 of registered at Police Station Bhawanimandi, District Jhalawar for the offence(s) under Sections 8/22 & 8/29 of the NDPS Act. 2. Learned counsel for the accused-applicant submits that the applicant has falsely been implicated in the instant matter solely on the basis of the statements of the co-accused persons, namely Mohan and Dilip Singh, from whom approximately 406 grams of MDMA powder and 300 grams of dali is recovered and the same is higher than the prescribed commercial quantity of 10 grams. It is further submitted that there are no criminal antecedents pending against the applicant. [2026:RJ-JP:12336] (2 of 3) [CRLMB-5610/2025] 3. Per contra, learned Public Prosecutor has vehemently opposed the instant bail application by placing reliance upon the statutory provisions enshrined under Section 37 of the NDPS Act and has submitted that the contraband of approximately 406 grams of MDMA powder and 300 grams of dali is recovered which is higher than the prescribed commercial quantity of 10 grams. It is further submitted that the applicant and one other co-accused person, namely Firoz, have been absconding and are deliberately not cooperating with the investigation. It is also submitted that there is one criminal antecedent pending against the applicant. 4. Having heard the arguments advanced by the learned counsel for the parties and upon an assiduous scanning of the material available on record, this Court has observed that the instant application has been pending since the year 2025, during which adjournments have been sought on several occasions on behalf of the applicant. 5. Considering the overall facts and circumstances of the case and taking note of the fact that the contraband of approximately 406 grams of MDMA powder and 300 grams of dali is recovered which is higher than the prescribed commercial quantity of 10 grams, thereby squarely attracting the stringent rigours of Section 37 of the NDPS Act; that the applicant has been absconding and deliberately not co-operating with the investigating agency; that there is a single criminal antecedent registered against the applicant, but without commenting on the merits/demerits of the case, this Court is not inclined to allow the anticipatory bail application of the accused-applicant. [2026:RJ-JP:12336] (3 of 3) [CRLMB-5610/2025] 6. Accordingly, the present anticipatory bail application stands dismissed. (SAMEER JAIN),J JKP/1