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Rajasthan High Court - Jodhpur

Ladu Lal vs State Of Rajasthan (2026:Rj-Jd:16882) on 10 April, 2026

Author: Nupur Bhati

Bench: Nupur Bhati

[2026:RJ-JD:16882]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
     S.B. Criminal Miscellaneous II Bail Application No. 9885/2025

Ladu Lal S/o Ram Lal Sen, Aged About 46 Years, Resident Of
Chanderiya, District Chittorgarh, Rajasthan. (At Present Lodged
In District Jail, Chittorgarh)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through PP
                                                                 ----Respondent


For Petitioner(s)         :     Mr. Kailash Khilery with
                                Mr. Ravindra Singh
For Respondent(s)         :     Mr. P.S. Panwar, PP



               HON'BLE DR. JUSTICE NUPUR BHATI

Order

10/04/2026

1. The instant bail application has been filed by the petitioner

under Section 483 BNSS who has been arrested in connection with

the FIR No.14/2024 dated 08.01.2024 registered at the Police

Station Kapasan District Chittorgarh for the offences under

Sections 8/15, 25 and 29 of the NDPS Act.

2. First bail application of the petitioner, being SBCRLMB

No.11157/2024, came to be dismissed as not pressed by the

Coordinate Bench of this Court and a liberty was granted to the

petitioner to renew his prayer after recording of statement of the

Seizure Officer-Gajendra Singh. Now, the statement of Seizure

Officer has been recorded.

3. The case of the prosecution is that on 08.01.2024, at around

12:45 pm, S.I., Kapasan Police Station, along with his police team,

was on patrol. While proceeding approximately one kilometer

ahead on the road towards Pandoli, near the border between

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Balarda village and Baksarda, they spotted an Alto car

(Registration No.RJ27-CM-0278) approaching from the Pandoli

direction. The police stopped the vehicle and asked the driver for

his name and details. He identified himself as Ladulal, son of

Ramlal. Thereafter, in the presence of witnesses (including

Motbiran), the car was thoroughly searched as per procedure. The

search yielded 6 plastic bags (kattas) containing a total of 120 kg

600 grams of illegal opium powder (doda chura), including the

bags. Thereafter investigation commenced and charge-sheet came

to be filed against the petitioner.

4. Counsel for the petitioner submits that the petitioner has

been falsely implicated in the present case. He further submits

that the petitioner was arrested on 08.01.2024 and that, even to

date, statements of only 8 out of 19 prosecution witnesses have

been recorded. Moreover, in the statement of the Seizure Officer

(PW-1-Gajendra Singh), it is revealed that the sample specimens

were collected approximately 10 days after the incident and

forwarded to the Forensic Science Laboratory after a delay of 6

months from the date of seizure. The counsel emphasizes that

such conduct contravenes settled legal propositions of Clause 13

of Section 52 Notification of the NCB, New Delhi (Standing

Instruction No.1/88 dated 15.03.1988), as samples are

mandatorily required to be dispatched to the Forensic Science

Laboratory within 72 hours from the date of the incident. Clause

13 of Section 52 Notification of the NCB, New Delhi (Standing

Instruction No.-1/88 dated 15.03.1988), is reproduced hereunder:

"13. Mode and Time limit for despatch of sample to Laboratory.

The samples should be sent either by insured pose or through special messenger duly authorized for the purpose. Despatch of samples by registered 'post or ordinary mail should not be restored to. Samples must be despatched to the Laboratory within 72 hours of seizures to avoid any legal objection."

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5. In support of his contentions, counsel for the petitioner

places reliance upon the order dated 13.08.2025 : Petition for

Special Leave to Appeal (Crl.) No.5648/2025 (Rambabu v.

State of Rajasthan & Anr.) and the order dated 09.02.2026 :

Petition for Special Leave to Appeal (Crl.). No.7049/2025

(Wajid Ali @ Tinku v. State of Rajasthan). The said orders are

reproduced hereunder:-

In the case of Rambabu (supra):-

"1. Heard learned counsel for the parties and perused the pleadings.

2. The petitioners are involved in a case under Narcotic Drugs and Psychotropic Substances Act, 1985(hereinafter referred to as 'the NDPS Act') pursuant to FIR No. 382 of 2023 regis-

tered with Police Station Manohar Thana, District-Jhalawar, for possessing about 75 Kg of Poppy Husk.

3. The petitioners were arrested on 25.09.2023 and have already undergone incarceration for about one year and ten months.

4. The trial is progressing but is at a nascent stage inasmuch as out of 21 prosecution witnesses, only 1 has been examined till date.

5. The submission of learned counsel for the petitioners is that there is violation of Section 52-A of the NDPS Act inasmuch as the FIR was lodged on 25.09.2023 but the sample was sent for forensic examination after 24 days on 19.10.2023 whereas the statute requires that such sam-ples be sent within 72 hours of seizure.

6. The above discrepancy is reflected from Annexure 'P-2', the acknowledgment receipt of the Forensic Laboratory, Rajasthan.

7. In view of the aforesaid facts and circumstances, we are of the opinion that the petitioners are entitled to be enlarged on bail.

8. Accordingly, we direct that the petitioners be released on bail subject to the terms and condi-tions that may be imposed by the Trial Court commensurating with the charges(if, any) framed against them.

9. Needless to say that the petitioners shall cooperate with the trial and would not delay the trial by seeking any unwarranted adjournment.

10. The present petitions stand disposed of in the above terms."

In the case of Wajid Ali @ Tinku (supra):-

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"1. Heard learned counsel for the parties and perused the pleadings.

2. The petitioners are charged under the Narcotic Drugs and Psychotropic Substances Act, 1985 pursuant to FIR No. 44 of 2023 registered with Police Station Mandawar, District- Jhalawar, Rajasthan.

3. Most of the material witnesses have been examined.

4. The argument is that the petitioners were arrested on 28.03.2023 and that they have been in jail for more than two years and ten months. The sample was sent to the Forensic Science Laboratory('FSL') after 21 days for which there is no appropriate explanation.

5. In view of the aforesaid facts and circumstances, we consider it proper to enlarge the petitioners on bail.

6. Accordingly, we direct that the petitioners be released on bail subject to the terms and conditions that may be imposed by the Trial Court commensurating with the charges, if any, framed against them including surrendering of their passport, if any, with the Trial Court itself.