[2023:RJ-JD:31641] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous 2nd Bail Application No. 9849/2023 Gurpreet Singh S/o Raghuveer Singh, Aged About 28 Years, R/o Jagmakwali Kalawali Ps Dist. Sirsa Haryana (Lodged In Central Jail Bikaner)
----Petitioner Versus State Of Rajasthan
----Respondent For Petitioner(s) : Mr. B. Ray Bishnoi For Respondent(s) : Mr. S.K. Bhati, Public Prosecutor JUSTICE DINESH MEHTA Order 26/09/2023
1. This second application for bail has been filed by the applicant under Section 439 of the Code of Criminal Procedure, 1973, in connection with FIR No.170/2019, registered at Police Station Chhatargarh, District Bikaner, for the offences under sections 8/15 & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
2. The first bail application filed by the applicant was rejected by this Court vide order dated 01.11.2022, passed in S.B. Criminal Misc. Bail Application No.99/2022.
3. Mr. B. Ray Bishnoi, learned counsel for the applicant argued that when the sample was drawn by the Seizure Officer, mandate of circular No.01/1998 dated 15.08.1998, issued by the Narcotics Unit, New Delhi so also the judgment of this Court in the case of Net Ram Vs. State of Rajasthan, reported in 2014(1) Cr.L.R. (Downloaded on 12/11/2023 at 06:33:51 AM) [2023:RJ-JD:31641] (2 of 4) [CRLMB-9849/2023] (Raj.) 163 was not followed and hence, the applicant is likely to be acquitted. It was alternatively argued that even if applicant is ultimately found to have contraband substance in his possession, he cannot be convicted for the entire quantity recovered. He submitted that in the worst case scenario the applicant will be convicted for 20 kg substance, which is less than the commercial quantity.
4. Mr. Bishnoi further submitted that the trial is continuing for about four years and out of 15 prosecution witnesses, none of the witnesses has so far been examined and argued that such delay is resulting in denial of applicant's right to fair and speedy trial and, therefore, the applicant be enlarged on bail.
5. Mr. S.K. Bhati, learned Public Prosecutor on the other hand vehemently opposed this bail application and submitted that applicant's contention regarding non-observance of the provisions of the circular No.1/1998, dated 15.08.1998, issued by the Narcotics Unit, New Delhi is untenable and, the applicant cannot be extended the benefit of bail, because such issue is subject matter of trial.
6. Learned Public Prosecutor further submitted that true it is that for a considerable period, the evidence in applicant's case could not be recorded, but now statement of one witness is being recorded before the learned Trial Court.
7. He submitted that simply because of prolonged trial, the applicant be not enlarged on bail given that the allegation of possessing 130 kg Poppy Straw (Doda Post), which was allegedly recovered from applicant's conscious possession. (Downloaded on 12/11/2023 at 06:33:51 AM) [2023:RJ-JD:31641] (3 of 4) [CRLMB-9849/2023]
8. Heard learned counsel for the applicant and learned Public Prosecutor. Perused the material available on record.
9. So far as drawing of sample contrary to the circular No.1/1998, dated 15.08.1998, issued by the Narcotics Unit, New Delhi is concerned, this Court is of the view that the same can be examined and considered by the trial Court while finally deciding the case, but considering the argument advanced by learned counsel for the applicant that on account of prosecution's own lapse, applicant's right of fair and speedily trial has been violated and also considering that out of total 15 prosecution witnesses; nobody has turned up in the witnesses box, this Court is persuaded to grant indulgence to the applicant.
10. Having heard the learned counsel for the parties and considering that the present applicant is behind the bars for the last four years and also because no witness out of 15 prosecution witnesses have so far been examined and in the light of judgment of Hon'ble Supreme Court in the case of Rabi Prakash (supra) and Mohd. Muslim @ Hussain vs. State (NCT of Delhi) reported in 2023 SCC Online SC 352, this Court is inclined to accept the bail application filed by the applicant.
11. It is ordered that applicant Gurpreet Singh S/o Raghuveer Singh, arrested in connection with FIR No.170/2019, registered at Police Station Chhatargarh, District Bikaner, shall be released on bail; provided he executes personal bond in the sum of Rs.1,00,000/- and two sureties of Rs.50,000/- each to the satisfaction of the learned trial Court. Applicant shall be required (Downloaded on 12/11/2023 at 06:33:51 AM) [2023:RJ-JD:31641] (4 of 4) [CRLMB-9849/2023] to appear before the trial Court on all dates of hearing as and when called upon to do so.
12. Needless to state that the observation made herein is a prima-facie view of the Court relevant for the purpose of bail application. The trial Court shall take its independent view of the matter on the basis of oral and ocular evidence on record, without being influenced by whatever has been noticed above.
(DINESH MEHTA),J 687-Ramesh/-
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