HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 10217/2022 Siyaram S/o Shri Mangalram, Aged About 42 Years, B/c Jat R/o Kurdaya Tehsil And Ps Medtacity Dist. Nagaur Raj. (Appellant/ Accused Is In Sub Jail Sub Jail Medtacity)
----Petitioner Versus State Of Rajasthan, Through Pp
----Respondent For Petitioner(s) : Mr. BL Dudy For Respondent(s) : Mr. Vikram Sharma, PP HON'BLE MR. JUSTICE VIJAY BISHNOI Judgment / Order 05/12/2022 Heard learned counsel for the petitioner as well as the learned Public Prosecutor and perused the material available on record.
The petitioner has been arrested in FIR No. 151/2019 of Police Station Merta City, District Nagaur for the offences punishable under Sections 8/15, 18,25 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
As per the prosecution story, the police arrested the petitioner while he was transporting 3.50 gms opium milk, 2.900 kgs opium biscuits and 8 kgs poppy straw.
Learned counsel for the petitioner has submitted that the petitioner was arrested on 25.04.2019 and till date, out of nineteen prosecution witnesses only, six have been examined before the trial court and taking into consideration this fact, the petitioner may be enlarged on bail.
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(2 of 3) [CRLMB-10217/2022] Per contra, learned Public Prosecutor has opposed the bail application and submitted that the petitioner is indulged in smuggling of narcotic substance. It is argued that taking into consideration the narcotic drugs seized from the possession of the petitioner such as opium milk, opium biscuits and poppy straw, it is clear that he is involved in trading of narcotic substances. Learned Public Prosecutor has also submitted that the statement of Seizure Officer has already been recorded before the trial court, from which, it is clear that the narcotic substance above commercial quantity has been recovered from the conscious possession of the petitioner and the prosecution has also collected evidence to the effect that he is involved in trading of narcotic substance. It is further submitted that taking into consideration the limitation of Section 37 of the NDPS Act, the petitioner is not entitled to be enlarged on bail.
Heard learned counsel for the parties.
This is seventh bail application filed on behalf of the petitioner after his arrest. The first bail application of the petitioner has dismissed while granting him liberty to file a fresh bail application before the trial court after filing of charge-sheet. The second bail application of the petitioner was dismissed on 29.08.2019 rejecting the contention made by learned counsel for the petitioner that charge-sheet has not been filed against him within 90 days. The third bail application of the petitioner again came to be dismissed as not pressed on 06.11.2019. The fourth bail application of the petitioner was dismissed as not pressed on 21.01.2020 while granting him liberty to file a fresh bail application before the trial court after recording of the statement (Downloaded on 07/12/2022 at 12:10:41 AM) (3 of 3) [CRLMB-10217/2022] of the Investigating Officer/Seizure Officer. Again, the fifth bail application of the petitioner was dismissed as not pressed on 04.05.2021. The sixth bail application of the petitioner was also dismissed as not pressed on 06.07.2022. Now, this is the seventh bail application preferred on behalf of the petitioner.
It is also to be noted that the earlier bail applications were preferred on behalf of the petitioner by different advocates and now the present one through a new counsel.
Be that as it may, I have gone though the charge-sheet as well as the material available on record and the evidence of the Seizure Officer.
Huge quantity of narcotic contraband such as opium milk, opium biscuits and poppy straw have been recovered from the conscious possession of the petitioner. The Seizure Officer, is his court statement, has verified the said seizure from the possession of the petitioner and the defence has failed to shake the testimony of the Seizure Officer.
Taking into consideration the fact that since huge quantity of narcotic contraband have been recovered from the conscious possession of the petitioner, it can be presumed that he is involved in trading of narcotic substances.
Keeping in view the overall facts and circumstances of the case, I am not inclined to grant bail to the petitioner.
Hence, this seventh bail application preferred by the petitioner under Section 439 Cr.P.C. is rejected.
(VIJAY BISHNOI),J SURABHII/404-
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