Sushil Kumar v. Union of India

[2026:RJ-JP:3104]

HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 14649/2025

Sushil Kumar ----Petitioner
Versus
Union of India, through Special Public Prosecutor ----Respondent

For Petitioner(s): Mr. Kunal Sharma
For Respondent(s): Mr. Jitendra Singh Poonia, SPP

HON'BLE MR. JUSTICE GANESH RAM MEENA

[NyayVidhan note: stored from the official Rajasthan High Court PDF (hcraj file 203800146492025_8.pdf, 3 pages, uploaded 24.01.2026). The cause title is abridged: the petitioner's parentage, age, residential address and place of custody are omitted. No 'Reportable' mark is printed. The Court's paragraph numbers 1-10 are kept and the text is as printed, including the file number ending '-Jodhpur' (paragraph 1), the reference to 'the Police' in the petitioner's submission (paragraph 3) and the wording of the last sentence of paragraph 10. Page furniture (running heads, page numbers, upload/download stamps, staff initials, TCPDF line) is removed. The PDF is authoritative.]

[Source: Rajasthan High Court, hcraj.nic.in — order dated 22.01.2026.]

Order

22/01/2026

1. This bail application has been filed by the accused petitioner u/S 483 BNSS in connection with F. No. ARPT/AIU/NDPS/85/2025-JIA-Cus-Prev-Jodhpur registered by Inspector of Customs, Air Intelligence Unit, Customs, Jaipur International Airport for offences u/S 8(c), 20(b)(ii)(B), 23 and 29 of the N.D.P.S. Act.

2. Heard learned counsel for the petitioner as well as the Public Prosecutor.

3. Learned counsel for the accused petitioner submits that the accused petitioner was stopped and searched and a total of 6.220 Kg. of illegal drug hydroponic weed was recovered from his possession. He further submits that the recovery effected from the possession of the accused petitioner is less than the commercial quantity. He further submits that the accused petitioner is behind the bars since 17.10.2025 and the Police after conclusion of investigation has submitted charge-sheet in the matter, therefore, the petitioner may be released on bail.

4. Learned Public Prosecutor vehemently opposed the bail application and submits that there is a recovery of 6.220 Kg. hydroponic weed from the possession of the petitioner, therefore, he does not deserve indulgence of bail by this Court.

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

6. The allegation against the petitioner relates to commission of offence under the provisions of Section 8(c), 20(b)(ii)(B), 23 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the alleged recovery from him is of 6.220 Kg. hydroponic weed 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.

7. 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 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.”

8. 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.

9. Accordingly, this 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.

10. The accused petitioner shall appear before the Inspector of Customs, Air Intelligence Unit, Customs, Jaipur International Airport within first seven days of every month till disposal of the trial of the case. In case the petitioner does not appear before the Inspector of Customs, Jaipur International Airport in a particular month, then he shall be free to make an application before this Court for cancellation of this order.

(GANESH RAM MEENA),J