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2026 DAILYLAW 7684 (RAJ)

MAHESH GURJAR S/O SHRI RAMGOPAL GURJAR v. CENTRAL BUREAU OF NARCOTICS

CRLMB/2230/2026 · 2026-05-21

Ravi Chirania

Transfer Petitionbody2026

Judgment text

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[2026:RJ-JP:21458] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 2230/2026 Mahesh Gurjar S/o Shri Ramgopal Gurjar, aged about 26 years, R/o Village Gurjarpura, P.S. Bogrol, Tehsil Viratnagar, District Kotputli (Raj.) (At present confined in Central Jail Kota) ----Accused-Applicant Versus Central Bureau of Narcotics, through PP ----Respondent For Petitioner(s) : Mr. Ravinder Kumar For Respondent(s) : Mr. Tej Prakash Sharma, SPP Mr. Rajeev Sharma, Inspector CBN HON'BLE MR. JUSTICE RAVI CHIRANIA Order 21/05/2026 1. The instant bail application has been filed under Section 483 of the B.N.S.S., 2023 by the accused-applicant Mahesh Gurjar S/o Shri Ramgopal Gurjar, who is behind the bars since 14.08.2025 in connection with the Complaint No. 5/2025 dated 14.08.2025 registered at Police Station Central Bureau of Narcotics Pratapgarh Division-II, District Pratapgarh for the offences punishable under Sections 8/15 (c) & 8/18(A) of Narcotic Drugs and Psychotropic Substances Act, 1985. The bail application of the applicant herein was dismissed by the Special Judge, NDPS Cases, Kota vide order dated 03.10.2025, thereafter, the applicant has preferred this bail application. 2. Learned counsel for the applicant submits that co-accused- Pawan Kumar has already been enlarged on bail by the [2026:RJ-JP:21458] (2 of 3) [CRLMB-2230/2026] Co-ordinate Bench of this Court in S.B. Criminal Misc. 3rd Bail Application No. 4083/2026, titled as “Pawan Kumar Vs. Central Bureau of Narcotics” vide order dated 09.04.2026. He further submits that the charge-sheet has been filed and considering the fact that the co-accused has already been enlarged on bail, by applying the principle of parity, the present applicant may be granted the benefit of Section 483 of the BNSS, 2023 in the present case. 3. Learned counsel for the respondent-CBN strongly opposes the bail application and submits that case of the present applicant is not at par with the co-accused Pawan Kumar from whose possession alleged contraband substance was recovered which was less than the commercial quantity as per the NDPS Act, 1985. In view thereof, he prayed that present accused-applicant do not deserves to be enlarged on bail when the quantity as recovered from his possession is more than commercial, i.e., 50 Kgs as per the 1985 Act. 4. Heard learned counsel for the parties. 5. This Court, while looking to the overall facts and circumstances of the case, notices that the case of the co-accused Pawan Kumar is not similar to that of the present accused- applicant. In the said case, the alleged contraband substance recovered was less than the commercial quantity as prescribed under the Act. 6. This Court further notes that the contraband substance (Doda Chura) weighed as 124.590 Kgs is recovered from the possession of the present accused-applicant in the vehicle-Thar Jeep bearing registration No. HR-26-FE-0601, which is more than [2026:RJ-JP:21458] (3 of 3) [CRLMB-2230/2026] the commercial quantity as per the Act of 1985. In view thereof, this Court is not inclined to enlarge the present applicant on bail. 7. Accordingly, the instant bail application is dismissed. (RAVI CHIRANIA),J PARSHANT/11