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[2026:RJ-JP:22763] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 7524/2026 Riyasat Ali S/o Liyakat Ali, Aged About 35 Years, R/o Near Sheopariyo Ka Masjid, Sabkat Ki Bawdi, Nayapura Police Station Kotwali Baran, District Baran (Raj.) (At Present In Judicial Custody At District Jail Baran). ----Petitioner Versus State Of Rajasthan, Through PP ----Respondent For Petitioner(s) : Mr. Vishwajeet Mantri For Respondent(s) : Mr. Vijay Singh Yadav, PP Mr. Onkar Singh Rajpurohit, PP Mr. Vinod Kumar, SHO Mangrol, Barah HON'BLE MR. JUSTICE RAVI CHIRANIA
Order
1. Date of conclusion of arguments 27.05.2026
2. Date on which the order was reserved 27.05.2026
3. Whether the full order or only operative part is pronounced Full
4. Date of pronouncement 01.06.2026
1. The instant bail application has been filed under Section 483 of BNSS by the petitioner Riyasat Ali S/o Liyakat Ali, who was arrested by the police in connection with the FIR No.36/2026 dated 03.02.2026 registered at Police Station Anta, District Baran for the offences punishable under Sections 8, 21 and 30 of the NDPS Act, 1985 and Section 27 of Drugs and Cosmetics Act, 1940.
2.
Learned counsel for the petitioner submitted that the petitioner has not committed any offence, rather he was running a medical store. He further submitted that the petitioner has
[2026:RJ-JP:22763] (2 of 3) [CRLMB-7524/2026] acquired the requisite qualification and therefore, he was selling the medicines. He also submitted that the act of the petitioner is not an offence under the NDPS Act or Drugs and Cosmetics Act and therefore, the act of the police of making him an accused in the present case is highly illegal. In view of the above, he prayed that the petitioner may be enlarged on bail by this Court.
3. Learned Public Prosecutor along with the Investigating Officer as present strongly opposed the bail application. Investigating Officer further submitted that the petitioner was selling Avil injections (which contain Pheniramine-maleate- injection IP) which are used for injecting narcotic substance in the body and he has no license under the Drugs and Cosmetics Act and/or under the NDPS Act to sell any such injections. In view thereof, he prayed that the petitioner does not deserves to be enlarged on bail in the given facts and circumstances.
4. Heard learned counsel for the parties.
5. This Court noted that the petitioner is neither having the required qualification nor any licence to procure and sell the Avil injections and have opened unauthorized medical store. The petitioner admitted the fact that he was selling such injections and the complete arguments as made regarding the justification of selling such injections, which are used for injecting the narcotic substance, is without any basis. Such easy illegal availability of Avil injections is a serious issue and needs to be handled with a stern approach. He has no license and any qualification under the law to sell such injections in such a manner. Therefore, considering the overall facts and circumstances, this Court is not inclined to enlarge the present petitioner on bail.
[2026:RJ-JP:22763] (3 of 3) [CRLMB-7524/2026]
6. Consequently, the instant bail application preferred on behalf of the petitioner is hereby dismissed, however, the petitioner is granted liberty to file a fresh bail application after recording of the statements of Investigating Officer and Seizing Officer.
(RAVI CHIRANIA),J 52/RAHUL KUMAR