Court questions Judicial Magistrate's power to grant bail in NDPS cases involving quantities greater than small but less than commercial.
In a significant development, the Rajasthan High Court, Jaipur Bench, led by Justice Anoop Kumar Dhand, has granted bail to Kaluram, an accused in a narcotics case involving 7.550 kg of Doda Post. The case has sparked a crucial legal debate concerning the jurisdictional powers of Judicial Magistrates in granting bail for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), especially in instances involving contraband quantities greater than small but less than commercial.
The bail application, filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, came in response to an FIR registered under Sections 8/15 of the NDPS Act at Sarwar Police Station, District Ajmer. Kaluram's legal counsel argued that the contraband was recovered from a co-accused, Jodharam, who had already been granted bail by the Judicial Magistrate. The counsel emphasized the absence of any direct evidence connecting Kaluram to the crime and highlighted his lack of criminal history.
The Public Prosecutor opposed the bail plea. However, after considering the arguments and the circumstances, the court decided to grant bail to Kaluram, noting that the trial would be protracted and without expressing any opinion on the case's merits. The court ordered Kaluram's release on a personal bond of Rs. 50,000 with two sureties of Rs. 25,000 each.
This case has raised a pertinent legal question: Can a Judicial Magistrate decide on bail applications in NDPS Act offences, especially when Special Courts are constituted under Sections 36 and 36A of the Act for such trials? The NDPS Act specifically mandates that offences punishable with imprisonment for more than three years should be exclusively tried by Special Courts.
The court has sought assistance from the legal fraternity on this jurisdictional issue and has called for an explanation from the concerned Judicial Magistrate who granted bail to co-accused Jodharam. The matter is set for further deliberation on July 9, 2026, with the Registrar (Judicial) directed to publish a note inviting members of the Bar to address this legal conundrum.
Bottom line:-
Bail application under NDPS Act - Judicial Magistrate's jurisdiction questioned in cases involving contraband quantity greater than small quantity but less than commercial quantity.
Statutory provision(s):
Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 8/15, 36, 36A; Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483.
Kaluram v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc id # 2935792
