[2026:RJ-JP:14127] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 3148/2026 1. Gopal S/o Shri Ghevar Ram, Aged About 24 Years, R/o Bhacharda Thana Luni District Jodhpur. (At Present Confined At District Jail Tonk). 2. Rajendra Prasad Sharma S/o Shri Nandkishor Sharma, Aged About 25 Years, R/o Mohanpura P.s. Indragarh District Bundi At Present Infront Girls Government School Sop Thana Sop District Tonk. (At Present Confined At District Jail Tonk) 3. Mukesh S/o Chunnilal, Aged About 22 Years, R/o Naya Gaon Thana Mehandwas District Tonk Rajasthan. (At Present Confined At District Jail Tonk) ----Petitioners Versus State of Rajasthan, through PP ----Respondent For Petitioner(s) : Mr. Abdul Kalam Khan For Respondent(s) : Mr. S.R. Dhakad, PP HON'BLE MR. JUSTICE GANESH RAM MEENA Order 06/04/2026 1. This bail application has been filed by the accused petitioners u/S 483 BNSS in connection with FIR No. 21/2026 registered at Police Station Uniara, District Tonk for offence u/S 8/20 of NDPS Act. 2. Heard learned counsel for the accused petitioner and learned Public Prosecutor. 3. Learned counsel for the accused petitioners submits that during patrolling and surveillance by the police force, the accused [2026:RJ-JP:14127] (2 of 3) [CRLMB-3148/2026] petitioners were stopped and searched and a total of 6.4 Kg. of illegal drug ganja was recovered from their possession. He further submits that the recovery effected from the possession of the accused petitioners is less than the commercial quantity. He further submits that the accused petitioners are behind the bars since 21.01.2026 and after conclusion of investigation, the Police has submitted charge-sheet in the matter, therefore, the petitioners may be released on bail. 4. Learned Public Prosecutor vehemently opposed the bail application and submits that there is a recovery of 6.4 Kg. ganja from the possession of the petitioners, therefore, they do not deserve indulgence of bail by this Court. 5. Considered the submissions made by learned counsel for the petitioners as well as learned Public Prosecutor. 6. The allegation against the petitioners relates to commission of offence under the provisions of Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the alleged recovery from them is of 6.4 Kg. ganja which is stipulated to be less than the commercial quantity. The restriction for grant of bail under the provisions of Section 37 of the N.D.P.S. Act does not apply in the present case. 7. 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 follows:- [2026:RJ-JP:14127] (3 of 3) [CRLMB-3148/2026] “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. 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.” 8. Having regard to the above, this Court without expressing any opinion on the merits/demerits of the case, deems just and proper to enlarge the accused-petitioners on bail. 9. Accordingly, this bail application is allowed and it is directed that accused-petitioners shall be released on bail provided that they furnish personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only)(each), together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) each to the satisfaction of the Trial Court with the stipulation that they shall appear before that Court or any Court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so. 10. In case the accused-petitioners are found to be involved in any other criminal case of similar nature in future, the prosecution may move application for cancellation of their bail. (GANESH RAM MEENA),J Gaurav Srivastava /40