Rajasthan High Court - Jodhpur
Charan Singh vs State Of Rajasthan (2025:Rj-Jd:51577) on 27 November, 2025
[2025:RJ-JD:51577]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7223/2025
Charan Singh S/o Hari Singh Rajput, Aged About 37 Years, R/o
Arniyapanth Police Station Sambhupura District Chittorgarh
(Presently In District Jail Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Kailah Khilery.
Mr. Jagdish Karwasra.
For Respondent(s) : Mr. Surendra Bishnoi, PP.
HON'BLE MR. JUSTICE MUKESH RAJPUROHIT
Order
27/11/2025
This application for bail under Section 483 of BNSS (439
Cr.P.C.) has been filed by the petitioner who has been arrested in
the present matter. The requisite details of the matter are
tabulated herein below:
S. No. Particulars of the case
2. Police Station Sadar
3. District Chittorgarh
4. Offences alleged in the FIR Under Sections 8/18 of
NDPS Act
5. Offences added, if any -
Learned counsel for the petitioner submits that the petitioner
has been falsely implicated in the present case. It is contended
that the recovery of alleged narcotic contraband was made on
24.02.2023 but the samples of the same were sent for FSL
examination on 15.03.2023 i.e. after a delay of 19 days,
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therefore, the possibility of samples being tempered with, cannot
be brushed aside and the benefit of doubt should be granted to
the accused-petitioner. He also submits that the contraband
recovered in this matter is 5kg of opium which is above the
commercial quantity. It is further submitted that as per the FIR,
the alleged recovery was effected in the morning and as per
provisions of Section 42 of the Act, it is mandatory to obtain
authorization from competent authority for search and seizure but
the same were not complied with in the present case.
Learned counsel for the petitioner has placed reliance on the
judgment rendered in Rambabu v. State of Rajasthan (SLP
(Crl.) No. 5648/2025 and SLP (Crl.) No. 5732/2025), decided on
13.08.2025, wherein relief was granted considering the delay and
lack of substantive evidence.
Upon perusal of the record, it transpires that petitioner is
behind the Bar since 24.02.2023 and till now out of a total of
twenty witnesses cited by the prosecution, the statements of only
seven witnesses have been recorded thus far. Undoubtedly,
Section 37 of the NDPS Act imposes a stringent fetter on the grant
of bail to an accused found in possession of a commercial quantity
of contraband. Nevertheless, the inviolable fundamental right to a
speedy trial, enshrined under Article 21 of the Constitution of
It is also submitted that the charge-sheet has already been
filed and the trial of the case will take significant time, therefore,
the benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has vehemently
opposed the bail application but he is not in position to refute the
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fact that the recovery of alleged narcotic contraband was made on
24.02.2023 but the samples of the same were sent for FSL
examination on 15.03.2023.
Having heard and considered the rival submissions, facts and
circumstances of the case as well as perused the material
available on record; considering the fact that the FSL samples
were not sent for FSL examination within 72 hours as mandated
by Clause 1.13 of Standing Order No.1/1988 dated 15.03.1988,
the petitioner is in custody since 24.02.2023 and the trial will take
long time to conclude, without expressing any opinion on
merits/demerits of the case, this Court is inclined to enlarge the
petitioner on bail.
Consequently, the bail application under Section 483 of BNSS
(439 Cr.P.C.) is allowed. It is ordered that the accused-petitioner
as named in the cause title, arrested in connection with the above
mentioned FIR, shall be released on bail, if not wanted in any
other case, provided he furnishes a personal bond of
Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the
satisfaction of learned trial court, for his appearance before that
court on each & every date of hearing and whenever called upon
to do so till completion of the trial.
(MUKESH RAJPUROHIT),J
20-/Jitender//-
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