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Tuesday, October 27, 2026
Rajasthan High Court
NDPS Act

Role Confined to Supplying Scientific Apparatus: Rajasthan High Court Grants NDPS Bail, Finds Section 37 Met

Published: · NyayVidhan

The Rajasthan High Court at Jodhpur granted bail to the owner of a firm supplying scientific apparatus, accused in a CBN case over 2.021 kg of MD recovered from a co-accused (paras 2, 8, 12). Prima facie, his alleged role was confined to supplying scientific apparatus in the course of his business, his bona fides could not be ruled out, and nothing was recovered from him (para 10). For the limited purpose of bail, the Court held the Section 37 twin conditions satisfied (para 11).

Role Confined to Supplying Scientific Apparatus: Rajasthan High Court Grants NDPS Bail, Finds Section 37 Met

Judgment Intelligence

Bail Granted
Patel Ajeet Kumar Chhagan Bhai v. Union of India, through CBN
2026:RJ-JD:52282
S.B. Criminal Miscellaneous Bail Application No. 10761/2026
Court
Rajasthan High Court
Date of Decision
26 October 2026
Bench
Justice Baljinder Singh Sandhu
Relevant Acts & Sections
Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 8, 22(c), 29, 37; Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483
Final Outcome

Bail was allowed: the petitioner is to be released, if not wanted in any other case, on a personal bond of Rs 1,00,000 with two sureties of Rs 50,000 each (para 12). The observations are confined to bail; the trial court will decide independently (para 13).

Source Rajasthan High Court, hcraj.nic.in — order dated 26.10.2026

Key holdings

  1. The petitioner's alleged role was prima facie confined to supplying scientific apparatus in the course of his business (para 10).
  2. His firm's registration documents and inspection report indicated that he was carrying on business (para 9).
  3. Nothing was recovered from him, and he was not alleged to be directly involved in trafficking the contraband (para 10).
  4. For the limited purpose of bail, the Section 37 twin conditions were held satisfied (para 11).

Judgment digest by NyayVidhan: a summary of the court's judgment, not its text. The judgment itself is the authoritative version.

Brief Facts

The petitioner, arrested in a 2025 case of Police Station CBN, Kota, under Sections 8/22(c) and 29 of the NDPS Act, sought bail under Section 483 of the BNSS (para 2). His counsel said 2.021 kg of MD was recovered from one co-accused, who named a second co-accused as the source; apparatus and chemicals were recovered from the second man's premises (para 3), and the petitioner was implicated on his disclosure that they were bought from the petitioner (para 4). He has been in custody since 24.11.2025 (para 5). The Public Prosecutor opposed bail but could not dispute that the petitioner's alleged role was limited to procuring and supplying the apparatus and that nothing was recovered from him (para 7).

Court's Findings

The Court noted that the 2.021 kg of MD was recovered from a co-accused who said it belonged to a second co-accused, and that the petitioner was implicated on the allegation that the second co-accused had bought certain apparatus from him (para 8). The petitioner is stated to run a business supplying scientific apparatus; his firm's registration documents form part of the charge-sheet, and the firm's inspection report indicates that he was carrying on business and that scientific apparatus was found at the premises (para 9). Prima facie, his alleged involvement was confined to supplying scientific apparatus in the course of his business, and his bona fides could not be ruled out at this stage (para 10). Nothing was recovered from him, and there was no allegation that he was directly involved in trafficking the contraband (para 10). He had already been granted bail in the connected matter, the investigation was complete, the charge-sheet was filed, and he had been in custody since 24.11.2025 (para 10). With the trial likely to take time and no apprehension of flight shown, the Court granted bail and, for the limited purpose of the application, held the Section 37 twin conditions satisfied (para 11).

Legal Principle

Where an accused's alleged role in an NDPS case is prima facie confined to supplying scientific apparatus in the course of a business shown by the charge-sheet material, nothing is recovered from him and he is not alleged to be directly involved in trafficking, the Section 37 twin conditions may be found satisfied for bail (paras 9-11).

NyayVidhan's view · Practice note

Why It Matters

The order shows what can carry an NDPS bail plea for a trader accused of supplying goods to a co-accused. The Court did not rest on the absence of recovery alone: the firm's registration documents in the charge-sheet and its inspection report indicated that he was carrying on business, and the prosecutor could not dispute that his alleged role was limited to supplying apparatus (paras 7, 9-10). Applicants in a similar position should place such business records before the court. Related reading: Vikram Saradhana (Supreme Court: bail for medical store operators linked to seized contraband only through a co-accused's statement) and Md. Nawaz Khan (Supreme Court: NDPS bail cannot rest merely on the absence of recovery from the accused's person).

Editorial comment by the NyayVidhan Editorial Desk. It is not part of the Court's judgment and is not legal advice.

NyayVidhan
Court Judgments · 3 min read
Decided: October 26, 2026 Justice Baljinder Singh Sandhu
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