Poppy Straw in Panchayat Cow Shed: Rajasthan High Court Grants NDPS Bail, Finds Section 37 Satisfied

Police Station Kolayat, Bikaner, registered FIR No. 17/2026 under Sections 8 and 15 of the NDPS Act; the petitioner sought bail under Section 483 of the BNSS (p. 1). His counsel said the police found him sitting outside a room on Gochar land, nothing was found on his personal search, and eight bags of poppy straw were recovered from the room (pp. 1-2). Counsel relied on a Gram Panchayat letter of 7 February 2025 stating that the room was built for cows and their fodder (p. 2). He had no criminal antecedents, the charge-sheet was filed, and he had been in custody since 25 January 2026; the State opposed bail (p. 3).

The Court noted that, on the prosecution's own case, the petitioner was found sitting outside the room from which the contraband was recovered (p. 3). The documents on record showed that the room stood on Gochar land, the Naksha Mauka reflected the same position, and the Gram Panchayat's letter of 7 February 2025 recorded that it had built the tin-shed room for keeping cows and storing their fodder (p. 3). On that material, his alleged ownership or possession of the room 'becomes doubtful' (p. 3). The documents did not prima facie connect him with the room; nothing was recovered on his personal search; he had no antecedents; and the investigation was complete (pp. 3-4). Having regard to 'the absence of recovery from the conscious possession of the petitioner', the Court formed the prima facie opinion that reasonable grounds existed for believing that he may not be guilty and that nothing suggested he would offend on bail (p. 4). It therefore held the rigours of Section 37 satisfied 'for the limited purpose' of this application. With the trial likely to take time and no apprehension of flight shown, it granted bail without expressing any opinion on the merits (p. 4).