CRLMB/8495/2026 of SIKANDAR KHAN S/O SH. MEHBOOB KHAN Vs THE STATE OF RAJASTHAN on 27 May 2026

Order

27/05/2026

1. This second bail application has been filed by the accused petitioner under Section 483 BNSS in connection with FIR No.107/2026 registered at Police Station Shastri Nagar, Jaipur City (North) for offence under Sections 8, 22 and 20 of the NDPS Act, 1985.

2. The learned counsel for the petitioner submits that as per the F.I.R., the allegation against the present accused- petitioner is that a total 23.95 gm Mephe Drone (M.D.) and 1.987 gm Ganja have been recovered from his possession. He further submits that the recovery effected from the possession of the accused petitioner is less than commercial quantity. He also submits that the police after completion of investigation, has submitted charge-sheet in the matter; the petitioner is behind the bars since 05.04.2026 and trial of the case is likely to take

(2 of 3) [CRLMB-8495/2026] considerable time to conclude, therefore, he may be released on bail.

3. Learned Public Prosecutor has vehemently opposed this second bail application and submits that there is a recovery of 23.95 gm Mephe Drone (M.D.) and 1.987 gm Ganja from the possession of the petitioner, therefore, he does not deserve any indulgence of bail by this Court.

4. Considered the submissions made by learned counsels for the petitioner as well as learned Public Prosecutor.

5. The allegation against the petitioner relates to commission of offence under the provisions of Section 8, 22 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the alleged recovery from him is of 23.95 gm Mephe Drone (M.D.) and 1.987 gm Ganja, which is stipulated to be less than 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.

6. 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 under:- “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

(3 of 3) [CRLMB-8495/2026] 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.”

7. Having regard to the submissions and the discussions made above, this Court, without expressing any opinion on the merits and demerits of the case, deems just and proper to enlarge the accused-petitioner on bail.

8. Accordingly, this second bail application is allowed and it is directed that accused-petitioner shall be released on bail provided that 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) 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.

9. In case the accused-petitioner is found to be involved in any other criminal case of similar nature in future, the prosecution may move application for cancellation of his bail. (GANESH RAM MEENA),J 39/ARTI SHARMA