Aslam @ Tota S/O Salim Bhai Vs State of Rajasthan

[2026:RJ-JP:2623]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 318/2026

Aslam @ Tota S/o Salim Bhai, R/o Vallabh Nagar, Towar Colony, Chhabra, Police Station Chhabra, Distt. Baran, Rajasthan. (Petitioner Is In Sub Jail Chhabra).

¶5

----Petitioner

¶6

Versus

¶7

State of Rajasthan, through PP

¶8

----Respondent

¶9

Connected With

¶10

S.B. Criminal Miscellaneous Bail Application No. 319/2026 Lakhan @ Danga S/o Suresh, R/o Ward No. 20 Towar Colony, Dharnavda Chouraha Ke Pass Police Station Chhabra, Distt. Baran, Rajasthan. (Petitioner Is In Sub Jail Chhabra).

¶11

----Petitioner

¶12

Versus

¶13

State of Rajasthan, through PP

¶14

----Respondent

¶15

For Petitioner(s) : Ms. Shazadi Bano For Respondent(s) : Mr. Sudesh Saini, PP

¶16

HON'BLE MR. JUSTICE GANESH RAM MEENA Order

¶17

21/01/2026

¶18

These bail applications have been filed by the accused petitioners u/S 483 BNSS in connection with FIR No. 118/2025 registered at Police Station Pali, District Baran for offence u/S 8/20, 8/29 of the N.D.P.S. Act.

¶19

Heard learned counsel for the petitioners as well as the Public Prosecutor.

[2026:RJ-JP:2623]

[CRLMB-318/2026]

(2 of 3)

Learned counsel for the accused petitioners submits that during patrolling by the police the accused petitioner was stopped and searched and a total of 5.797 Kg. of illegal drug ganja was recovered from his possession. He further submits that the recovery effected from the possession of the accused petitioners is less than the commercial quantity. He further submits that the accused petitioners are behind the bars since 10.12.2025 and the Police after conclusion of investigation has submitted charge-sheet in the matter, therefore, the petitioners may be released on bail.

¶24

Learned Public Prosecutor vehemently opposed the bail application and submits that there is a recovery of 5.797 Kg. ganja from the possession of the petitioners, therefore, they do not deserve indulgence of bail by this Court.

¶25

Considered the submissions made by learned counsel for the petitioners as well as learned Public Prosecutor.

¶26

The allegation against the petitioners relates to commission of offence under the provisions of Section 8/20, 8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the alleged recovery from them is of 5.797 Kg. ganja which is stipulated to be less than the 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.

¶27

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

[2026:RJ-JP:2623]

[CRLMB-318/2026]

(3 of 3)

02.11.2023 has enlarged the accused therein on bail and observed as under:-

¶32

“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 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.”

¶33

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

¶34

Accordingly, these bail applications are allowed and it is directed that accused-petitioners shall be released on bail provided that they furnish a personal bond in the sum of Rs. 1,00,000/- (Rupees One Lac Only) each, together with two sureties in the sum of Rs. 50,000/- (Rupees Fifty Thousand Only) (each) to the satisfaction of the Trial Court with the stipulation that they 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.

¶35

(GANESH RAM MEENA),J

¶36

Gaurav Srivastava /123-124

Aslam @ Tota S/O Salim Bhai v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Aslam @ Tota S/O Salim Bhai v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Naresh Kumar S/O Vijendra Vs the State Rajasthan

Laduram Tailor Son of Gopi Lal Tailor Vs State of Rajasthan

Laxman Lal S/O Shyam Lal Vs the State of Rajasthan

Vinod Bavriya S/O Shri Roopsingh Vs State of Rajasthan

Deepak S/O Bhagwati Prasad Vs State of Rajasthan

Ritik Urf Ritu S/O Shri Leelaram Vs State of Rajasthan