[Cites 6, Cited by 0]
Rajasthan High Court - Jodhpur
Karan Mogya vs Union Of India (2026:Rj-Jd:7849) on 11 February, 2026
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2026:RJ-JD:7849]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 9545/2025
Praveen S/o Prathviraj Bawari, Aged About 27 Years, R/o
Mundali, P.s Malahargarh, District Mandsour (M.p) (Presently
Lodged In District Jail, Chhitorgarh)
----Petitioner
Versus
Union of India, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous 2nd Bail Application No. 13419/2025
Karan Mogya S/o Gheesalal Mogya, Aged About 25 Years,
Khokhra Tehsil Malharghar Dist. Mandsore M.p. (Presently
Lodged In Dist. Jail Chhittorgarh)
----Petitioner
Versus
Union Of India, Through C. B. N.
----Respondent
For Petitioner(s) : Mr. Mangilal Bishnoi
Mr. Ramsukh Mali
For Respondent(s) : Mr. K.S. Nahar, PP, CBN
Mr. Gopal Singh Shekhawat
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
11/02/2026
These second applications for bail under Section 483 BNSS
have been filed by the petitioners who have been arrested in
connection with F.I.R. No.01/2024 registered at Police Station CBN,
Neemuch, for the offences punishable under Sections 8/15, 8/25 and
8/29 of NDPS Act.
Heard learned counsel for the petitioners and learned Public
Prosecutor. Perused the material available on record.
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Drawing the attention of the Court to the charge-sheet papers
and the statement of the seizure officer (PW-01) recorded before the
competent criminal court, learned counsel for the petitioners
submitted that, according to the prosecution, contraband in a
quantity greater than the commercial quantity was recovered from a
pickup vehicle bearing registration No. MP-14-GC-2079. The
petitioner Karan was allegedly apprehended at the spot and, upon
interrogation, disclosed the name of his co-passenger, who fled from
the scene and was identified as petitioner Praveen.
However, learned counsel submitted that the statement of PW-
01 and the material available on record clearly indicate that the
entire search and seizure proceedings in the present case were
conducted at the CBN Office, Neemuch (M.P.), which is
approximately 150 kilometers away from the place where petitioner
Karan was allegedly apprehended along with the offending vehicle. It
was contended that neither were the samples drawn nor was the
search conducted at the spot; rather, all seizure memos and other
documents pertaining to the investigation were prepared at the CBN
Office, Neemuch. Learned counsel argued that the non-collection of
samples at the time and place of seizure, as mandated under the
provisions of the NDPS Act, constitutes an incurable defect, thereby
casting serious doubt on the entire seizure proceedings.
Lastly, learned counsel submitted that the petitioners are in
judicial custody and that the trial is likely to take a considerable
period of time to conclude; therefore, the benefit of bail may be
granted to the accused-petitioners.
Per contra, learned Public Prosecutor vehemently opposed the
bail applications. However, he was not in a position to dispute the
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fact that the entire search and seizure proceedings were conducted
at the CBN Office, Neemuch, which is about 150 kilometers away
from the place where the accused persons were apprehended on
suspicion of transporting a narcotic substance.
Having considered the rival submissions, facts and
circumstances of the case, this Court prima facie finds sufficient
merit in the arguments advance by the learned counsel for the
petitioner that since the seizure memo was not prepared and
samples were not taken at the spot/ place of occurrence, seizure
proceedings become doubtful, thereby affecting the credibility of the
prosecution case. This Court also prima facie finds that the
prosecution has not shown any apprehension of petitioners involving
themselves in a case of similar nature or fleeing away from justice or
tampering with the evidence, in case they are enlarged on bail by
this court.
In the prima facie opinion of this court, the twin conditins
enumerated under Section 37 of the NDPS Act are duly satisfied in
the present case. Thus, without expressing any opinion on
merits/demerits of the case, this Court is of the opinion that the bail
applications filed by the petitioners deserve to be accepted.
Consequently, these second bail applications under Section 483
BNSS are allowed. It is ordered that the accused-petitioners (1)
Praveen S/o Prathviraj Bawari and (2) Karan Mogya S/o
Gheesalal Mogya arrested in connection with F.I.R. No.01/2024
registered at Police Station CBN, Neemuch, 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
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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
196-197 divya/-
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