Research › Search › Judgment

High Court of Rajasthan · body

2026 DAILYLAW 6455 (RAJ)

LAXMAN S/O KALURAM v. STATE OF RAJASTHAN

CRLMB/14950/2025 · 2026-03-05

Sameer Jain

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2026:RJ-JP:9462] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 14950/2025 Laxman S/o Kaluram, Aged About 35 Years, R/o Devnagar Road Pushkar Police Thana Pushkar District Ajmer Rajasthan. (At Present Confined At Central Jail, Kota). ----Petitioner Versus State Of Rajasthan, Through Pp ----Respondent For Petitioner(s) : Mr. Abdul Kalam Khan For Respondent(s) : Mr. Jitendra Singh Rathore, PP with Mr. Vinod Sharma HON'BLE MR. JUSTICE SAMEER JAIN Order 05/03/2026 1. The instant bail application has been filed under Section 483 BNSS on behalf of accused-applicant. The accused-applicant was arrested in connection with FIR No. 154/2025 registered at Police Station Ranpur District Kota City for the offence(s) under Sections 8/20 NDPS Act and as per order dated 03.11.2025 for offence under Section 8/20, 8/29 of NDPS Act. 2. Learned counsel for the accused-applicant submits that the applicant is sole bread earner of the family, aged about 35 years. It is submitted that the co-accused, namely Girdharilal and Hansraj, have already been enlarged on bail by the Coordinate Bench of this Court vide order dated 16.10.2025. It is further submitted that the applicant is in custody ever since 06.08.2025. 3. Per contra, learned Public Prosecutor has vehemently opposed the instant bail application contending that in light of the [2026:RJ-JP:9462] (2 of 2) [CRLMB-14950/2025] quantity of contraband recovered i.e., 21.153 kilograms of ganja from the conscious possession of the applicant which is higher than the prescribed commercial quantity, the rigours of Section 37 of the NDPS Act are attracted. It is submitted that there are as many as 6 criminal antecedents registered against the applicant. It is further submitted that the applicant does not satisfy the twin conditions as enshrined under Section 37(1)(b) of the NDPS Act, and therefore, is not entitled to the concession of bail. 4. Having heard the arguments advanced by the learned counsel for the parties and considering the fact that the quantity of the contraband recovered from the possession of the applicant is more than that of the prescribed commercial quantity; that there are as many as six criminal antecedents registered against the applicant; that out of six criminal antecedents, one case is registered under Section 8/20 of the NDPS Act, 1985, relying upon the dicta encapsulated by the Hon’ble Supreme Court in the cases of Union of India v. Ajay Kumar Singh @ Pappu registered as SLP (Crl.) No. 2351/2023 and State by the Inspector of Police v. B. Ramu: 2024 INSC 114 and looking to the overall facts and circumstances of the case and material on record but without commenting on merits/demerits of the case, this court is not inclined to allow the bail application of the accused-applicant. 5. Accordingly, the bail application under Section 483 BNSS is dismissed. (SAMEER JAIN),J Pooja/12