[Cites 3, Cited by 0]
Rajasthan High Court - Jodhpur
Govind vs Union Of India (2026:Rj-Jd:7114) on 9 February, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:7114]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 3rd Bail Application No. 6525/2025
Satyanarayan @ Sattu S/o Udailal, Aged About 33 Years, R/o
Near Charbhuja Temple, Village Raisinghpura, Post Khachrol,
Tehsil And P.s. Mandalgarh, Dist. Bhilwara,raj. (At Present
Incarcerated In Dist. Jail, Bhilwara)
----Petitioner
Versus
Union of India, Through Narcotics Control Bureau
----Respondent
Connected With
S.B. Criminal Miscellaneous 2nd Bail Application No. 12179/2025
Govind S/o Ramchandra, Aged About 23 Years, Near Laxminath
Temple, Village- Raisinghpura, Post-Khachrol, Tehsil/ Police
Station Mandalgarh, District Bhilwara. (Raj.) (At Present Lodged
At Dist. Jail Bhilwara)
----Petitioner
Versus
Union of India, Through Cbn
----Respondent
For Petitioner(s) : Mr. Vinod Kumar Sharma
Mr. Dilip Kumar Sharma
Mr. Jaipal Singh
For Respondent(s) : Mr. M.R. Pareek, Spl. PP for NCB
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
09/02/2026
These applications for bail under Section 483 BNSS have been
filed by the petitioners who have been arrested in connection with
F.I.R. No.VIII(10)12/NCB/JZU/2023 registered at Police Station
Jodhpur, for the offences punishable under Sections 8/29 of NDPS
Act.
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Heard learned counsel for the parties. Perused the material
available on record.
Learned counsel for the petitioners submitted that, as per the
prosecution case, on 08.12.2023 officials of the NCB received secret
information that on 10.12.2023, several persons namely
Satyanarayan @ Sattu, Govind Sukhwal and Rakesh Kumar, along
with Rakesh Kumar Verma and Murli Sharma, would be transporting
contraband (poppy husk/straw) weighing approximately 280-300
kilograms in two cars. It was alleged that three persons, namely
Satyanarayan, Rakesh Kumar and Govind Sukhwal, would escort a
Hyundai Creta car loaded with contraband, which was to be driven by
co-accused Murli Sharma, while travelling in a Maruti Swift Dzire car.
Acting upon the aforesaid secret information, a team of NCB
officials reached near village Chainpura and began keeping
surveillance on vehicles coming from the Kachola side. At about 7:30
p.m., the NCB team signalled a Swift car bearing registration No. RJ-
06-CF-4716 to stop. The present petitioners along with co-accused
Rakesh Kumar Verma were found sitting in the said vehicle. Upon
interrogation, the petitioners and co-accused Rakesh Kumar Verma
allegedly disclosed that a Hyundai Creta car loaded with contraband
was following them and was being driven by co-accused Murli
Sharma. In the meantime, co-accused Murli Sharma, who was
driving the Hyundai Creta car loaded with contraband, upon noticing
the presence of NCB officials, took a U-turn and fled in the reverse
direction. The Hyundai Creta car was chased by the NCB officials,
whereupon the driver, Murli Sharma, abandoned the vehicle and fled
from the spot.
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Upon search of the Hyundai Creta car, contraband (poppy
husk/straw) weighing 297.090 kilograms was recovered by the NCB
officials from 15 sacks. It was submitted that the petitioners are in
judicial custody since 10.12.2023 and have been implicated solely on
the basis of their statements recorded at the time of their arrest by
the NCB.
It was further contended that, as per the prosecution, the
recovered contraband was procured by the petitioners and co-
accused persons from one Rameshwar Dhakad and was to be
supplied to one Parmeshwar Gurjar. However, neither co-accused
Murli Sharma, who was allegedly driving the Hyundai Creta car
loaded with contraband, has been arrested pursuant to stay on arrest
in his favour in S.B. Criminal Misc. Petition No. 2402/2025--nor the
co-accused persons namely Rameshwar Dhakad and Parmeshwar
Gurjar been arrested by the investigating agency till date.
Learned counsel submitted that although the prosecution relies
upon call detail records showing conversations between the
petitioners and co-accused persons, such exchange of calls is not
unnatural as the accused persons were acquainted with each other. It
was further argued that in the absence of any recordings of such
conversations, the call detail records alone cannot be treated as
corroborative material or substantive evidence establishing
involvement of the petitioners in transportation of contraband.
Lastly, learned counsel submitted that the petitioners are in
judicial custody since 10.12.2023; that no contraband was recovered
from their conscious possession; and that the trial is not likely to
conclude in the near future. Therefore, it was prayed that the
petitioners be enlarged on bail.
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Per contra, learned Special Public Prosecutor has vehemently
opposed the bail applications. It was submitted that specific
information regarding transportation of contraband by the petitioners
was received and, upon their apprehension and interrogation, the
information was found to be correct. It was further submitted that
call detail records reflect conversations between the petitioners and
co-accused persons. Accordingly, it was prayed that the bail
applications be rejected.
Having considered the rival submissions and the facts and
circumstances of the case, this Court prima facie finds that the
contraband was not recovered from the conscious possession of the
petitioners. The co-accused who was allegedly transporting the
recovered contraband in the Hyundai Creta car has been granted
stay on arrest in S.B. Criminal Misc. Petition No. 2402/2025 so also
the other alleged co-accused person, namely Rameshwar Dhakad
and Parmeshwar Gurjar have not been arrested till date.
This Court further finds that although call detail records
indicate exchange of calls between the petitioners and co-accused
persons, there are no recordings of the conversations. Thus, the
sans transcript call detail records, in the absence of substantive
evidence and corroborative material, cannot be treated as sufficient
to establish a live link between the petitioners and the alleged
offence.
It is pertinent to note that the petitioners are in judicial custody
since more than two years and the trial against them is not likely to
conclude in the near future. Accordingly, this Court is prima facie
satisfied that the twin conditions enumerated under Section 37 of the
NDPS Act stand duly satisfied in the present case. Thus, without
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expressing any opinion on the merits or demerits of the case, this
Court is of the opinion that the bail applications filed by the
petitioners deserve to be allowed.
Consequently, these bail applications under Section 483 BNSS
are allowed. It is ordered that the accused-petitioners (1)
Satyanarayan @ Sattu S/o Udailal and (2) Govind S/o
Ramchandra arrested in connection with F.I.R. No.VIII(10)12/NCB/
JZU/2023 registered at Police Station Jodhpur, shall be released on
bail, if not wanted in any other case, provided each of them 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 their appearance
before that court on each & every date of hearing and whenever
called upon to do so till completion of the trial.
It is however, made clear that findings recorded/observations
made above are for limited purposes of adjudication of bail
application. The trial court shall not get prejudiced by the same.
A copy of this order be placed in each file.
(KULDEEP MATHUR),J
257-258 divya/-
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