Regular bail application under Section 439 CrPC in an NDPS case where recovered contraband was below commercial quantity and not recovered from the petitioner. Co-accused were already enlarged on bail. Court held the Section 37 NDPS embargo inapplicable and granted bail on parity.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[2025:RJ-JD:1844]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 362/2025
Ganesh Kumar S/o Moti Ram, Aged About 22 Years, R/o Harmada Tehsil Roopangarh, Dist. Ajmer, Raj. (Presently In Judicial Custody At Dist. Jail, Nagour)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ram Prasad Singaria For Respondent(s) : Mr. Shriram Choudhary, Addl. G.A.
HON'BLE MR. JUSTICE FARJAND ALI
Order
10/01/2025
| S.No. | Particulars | of the Case |
|---|---|---|
| 1. | FIR Number | 67/2024 |
| 2. | Concerned Police Station | Nawa City |
| 3. | District | Deedwana-Kuchaman |
| 4. | Offences alleged in the FIR | Under Sections 8/15 and 8/25 of the NDPS Act |
| 5. | Offences added, if any | - |
| 6. | Date of passing of impug order |
ned 06.01.2025 |
(2 of 3)
[2025:RJ-JD:1844]
[CRLMB-362/2025]
this court. No case for the alleged offences is made out against the petitioner and he has been made an accused based on conjectures and surmises. His incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner. The embargo contained under Section 37 of NDPS Act is not attracted in this case.
[2025:RJ-JD:1844]
[CRLMB-362/2025]
(3 of 3)
as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(FARJAND ALI),J
409-Pramod/-
1 issue framed by the court
Should the accused be granted bail under Section 439 Cr.P.C. when contraband recovered is below commercial quantity and not recovered from him?
3 provisions across 2 enactments
Ganesh Kumar S/o Moti Ram
State of Rajasthan, Through PP
Farjand Ali
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
