[2026:RJ-JP:12448] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 2989/2026 Mahadev Goswami S/o Mohanpuri, Aged About 55 Years, R/o C- 27, Jai Mata Di Medical, Vidhayadhar Nagar, Jaipur, Rajasthan- 302039 (Petitioner In Central Jail Jaipur). ----Accused Petitioner Versus CBN, Through Special PP ----Respondent For Petitioner(s) : Mr. Ali Mohd. Khan with Ms. Drishti Mishra For Respondent(s) : Mr. Tej Prakash Sharma, learned Special Public Prosecutor HON'BLE MR. JUSTICE GANESH RAM MEENA Order Arguments concluded on ::: February 27, 2026 Order reserved on ::: February 27, 2026 Order pronounced on ::: March 25, 2026 1. This criminal misc. second bail application has been filed by the accused petitioner under section 483 of the BNSS in connection with FIR / Complaint No.16/2025, dated 16.08.2025 registered at C.B.N., Jaipur for the offences punishable under sections 8/21, 22 and 29 of the NDPS Act and in the order dated 21.08.2025 for the offences punishable under sections 8/21(c), 22(c) and 29 of the NDPS Act. 2. Learned counsel appearing for the accused petitioner submitted that the accused petitioner has been implicated as an accused with the aid of section 29 of the NDPS Act. He also [2026:RJ-JP:12448] (2 of 5) [CRLMB-2989/2026] submitted that no recovery of any contraband has been made from the personal possession of the petitioner or from his house. He also submitted that at the time of the arrest of the accused petitioner, an amount of Rs.47,000/- is said to have been recovered. Counsel further submitted that the accused petitioner is in custody since 15.08.2025 and there is no any criminal antecedent discredit to the accused petitioner. Counsel also submitted that the petitioner is running a medical shop in the name of Vishnu Medical Agencies. 3. Learned Special Public Prosecutor appearing for the Central Bureau of Narcotics (for short ‘C.B.N.’) submitted that a huge quantity of contraband in the form of Tramadol tablets and syrup, which is more than the commercial quantity, has been recovered in the present case. He also submitted that the location of the present petitioner and the other accused was at a common place as is revealed from the CDR. He also submitted that the accused petitioner is said to have sent a location of the place from where the other accused persons namely; Ajay Kumar Meena and Gaurav picked up the contraband for distribution, and therefore, there is an ample evidence to connect the accused petitioner with the alleged offence. He also submitted that the allegation against the accused petitioner is of serious and gave nature and the accused petitioner does not deserve to be released on bail. 4. Considered the submissions made by the learned counsel appearing for the accused petitioner, learned Special Public Prosecutor as also the challan papers and other material made available on record. [2026:RJ-JP:12448] (3 of 5) [CRLMB-2989/2026] 5. An FIR/ Complaint No.16/2025 was registered at Central Bureau of Narcotics, Jaipur on 16.08.2025 for the offences punishable under sections 8/21, 22 and 29 of the NDPS Act with the averments that on the basis of a secret information the team of the Narcotics Department along-with two witnesses reached near Chambal Power House, Chhabra Road, Sodala, Jaipur. During the patrolling, the team saw two persons coming on two motorcycles with registration numbers RJ14VK6938 and RJ60SW8469. When both the motorcycles were got stopped and on asking for introduction about the persons who were on these motorcycles, these two persons stated their names as Ajay Kumar Meena and Gaurav Pidiyar. There was a cartoon on the bike with registration number RJ14VK6938 and on opening of that cartoon, certain packets of Tramadol Hydrochloride-50 mg. and Anrex- Codeine Phosphate & Triprolidine HCL Syrup bottles were found. Both- Ajay Kumar Meena and Gaurav were not having any licence or documentary proof for possessing the medicines containing the narcotic substance. It was intimated by those two persons that they have picked up these medicines from the residential house at Sikar Road, on instructions of the present petitioner. Thereafter, the team along-with those persons reached at the house of Govind Bansal at Sikar Road from where Ajay Kumar Meena and Gaurav is said to have picked up the said medicines and before that they also reached to the petitioner and is said to have asked those two persons to pick up the medicines. 6. On perusal of the averments made in the complaint/ FIR, it is revealed that no contraband is said to have been [2026:RJ-JP:12448] (4 of 5) [CRLMB-2989/2026] recovered neither from the possession of the petitioner nor from any premises under the ownership or control of the petitioner. 7. After going through the charge-sheet, it reveals that the allegation against the accused petitioner is of contravention of section 29 of the NDPS Act. Meaning-thereby, the accused petitioner has been arrayed as an accused with the aid of section 29 of the NDPS Act. The only evidence against the accused petitioner is the version of Ajay Kumar Meena and Gaurav from whose possession the alleged contraband has been recovered and the mobile location of the petitioner along-with two co-accused at the same place. 8. Learned Special Public Prosecutor appearing for the C.B.N. Department has also submitted that the accused petitioner sent the location of the residential house of the co-accused Govind Bansal to the co-accused persons namely; Ajay Kumar Meena and Gaurav for picking up the alleged contraband. During the course of arguments, it was submitted by the learned Special Public Prosecutor appearing for the C.B.N. Department that the accused petitioner and the other accused persons namely; Ajay Kumar Meena and Gaurav, are found to be involved in distribution of the contraband for the last many years. If that would have been the situation then there was no occasion for the petitioner to send the location because the other accused persons who are in contact with the accused petitioner for many years, must be knowing the place from where they have to pick up the contraband or they all must have put the contraband at that place. [2026:RJ-JP:12448] (5 of 5) [CRLMB-2989/2026] 9. Taking into consideration over all facts and circumstances of the case, the Court records its satisfaction as required under section 37 of the NDPS Act. 10. Considering the submissions made by the learned counsel appearing for the accused petitioner and the fact that the accused petitioner has been arrayed as an accused with the aid of section 29 of the NDPS Act, he is in custody since 15.08.2025, charge-sheet has already been filed and there is no criminal antecedent discredit to the petitioner of similar nature, this Court without expressing any opinion on the merits or demerits of the case, deems just and proper to release the accused petitioner on bail. 11. The second bail application is accordingly allowed and it is directed that the accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) 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 he 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. (GANESH RAM MEENA),J Sharma NK/Dy. Registrar