The Rajasthan High Court NDPS bail jurisdiction issue has come under judicial scrutiny. The Court has raised an important legal question on whether Judicial Magistrates can decide bail applications under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) after the State constitutes Special Courts. While granting bail to an accused, Justice Anoop Kumar Dhand also questioned an earlier bail order passed by a Judicial Magistrate in favour of a co-accused. The Court has invited members of the Bar to assist on the issue. It will hear the matter again on July 9, 2026.
High Court Grants Bail to the Applicant
Justice Anoop Kumar Dhand delivered the order on June 29, 2026, in S.B. Criminal Miscellaneous Bail Application No. 9702 of 2026, Kaluram v. State of Rajasthan.
The applicant filed the bail plea under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS). The case arises from FIR No. 94/2026 registered at Police Station Sarwar, District Ajmer. The police booked the accused under Sections 8 and 15 of the NDPS Act. Kaluram remained in Sub-Jail, Kekri.
Senior counsel Jai Prakash Gupta, assisted by Achin Singhal and Yashovardhan Agarwal, argued the case for the applicant. He submitted that the police recovered 7.550 kilograms of Doda Post from co-accused Jodharam. The Judicial Magistrate, Sarwar, had already granted bail to Jodharam on March 30, 2026.
The defence argued that the police implicated Kaluram only through the disclosure statement of the co-accused under Section 23(2) of the Indian Evidence Act. Counsel also pointed out that the applicant had no criminal record. He further submitted that the trial would take considerable time.
Public Prosecutor N.S. Dhakar, assisted by Shubham Sain, opposed the bail application.
After hearing both sides, Justice Dhand found that the recovery was made only from the co-accused. He also noted that the prosecution relied mainly on the co-accused’s disclosure statement against Kaluram.
The Court granted bail without commenting on the merits. It directed Kaluram to furnish a personal bond of ₹50,000 and two sureties of ₹25,000 each. The applicant must appear before the trial court whenever required.
Court Examines Magistrate’s Jurisdiction Under the NDPS Act
While deciding the bail plea, the Court examined the earlier order through which the Judicial Magistrate, Sarwar, granted bail to the co-accused while holding link charge.
Justice Dhand referred to Sections 36 and 36A of the NDPS Act. He observed that Section 36 provides for Special Courts. Section 36A lays down the procedure for remand, custody, and trial in NDPS cases.
Court Interprets Sections 36 and 36A
Justice Dhand noted that Section 36A(1)(b) begins with a non-obstante clause. Therefore, it overrides the provisions of the Code of Criminal Procedure.
The Court observed that a Magistrate may authorize detention under Section 167 of the Code for the prescribed period. However, if further detention is unnecessary in a case triable by a Special Court, the Magistrate must forward the accused to that court. The Magistrate should not decide the bail application.
Justice Dhand also referred to Section 36A(1)(c). The provision gives the Special Court the same remand powers that Section 167 grants to a Magistrate.
The Court observed that these provisions appear to restrict the Magistrate’s authority to grant bail in NDPS cases where Special Courts exist.
Contraband Quantity and Punishment
The Court noted that the police allegedly recovered 7.550 kilograms of Doda Post. The quantity falls above the small quantity limit but below the commercial quantity threshold.
Justice Dhand referred to Section 15 of the NDPS Act. He observed that the offence carries imprisonment of up to ten years. It also carries a fine of up to ₹1 lakh.
Larger Legal Question Before the Court
Justice Dhand framed the following legal issue:
“Whether a Judicial Magistrate is having jurisdiction to hear and decide the bail application filed by the accused for the offence punishable under the NDPS Act, more particularly when Special Courts have been constituted for trial of such offences, in terms of Section 36 and 36A of the NDPS Act?”
The Court said the issue requires detailed consideration. It will examine the Rajasthan High Court NDPS bail jurisdiction question and clarify the scope of a Judicial Magistrate’s powers under the NDPS Act.
Court Seeks Assistance From the Bar
Justice Dhand directed the Registrar (Judicial) to publish a note in the cause list. The notice will invite members of the Bar to assist the Court on the legal issue.
The Court also asked the concerned Judicial Magistrate to explain the circumstances surrounding the bail granted to the co-accused.
The matter will come up for hearing on July 9, 2026. The Court is expected to examine the jurisdiction of Judicial Magistrates in NDPS bail matters where Special Courts have already been constituted.
