Chamkaur Singh vs State Of Rajasthan (2024:Rj-Jd:25200)

Rajasthan High Court - Jodhpur

Chamkaur Singh vs State Of Rajasthan (2024:Rj-Jd:25200) on 31 May, 2024

Author: Rekha Borana

Bench: Rekha Borana

[2024:RJ-JD:25200]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                         JODHPUR
     S.B. Criminal Miscellaneous II Bail Application No. 11062/2023

Chamkaur Singh S/o Ruldu Singh, Aged About 36 Years, R/o
Dera Baba Sidh Barnala Road, Gili Kalla Police Station Sadar
Rampura Dist. Bhatinda (Punjab) (At Present Lodged In Central
Jail, Bikaner)
                                                                        ----Petitioner
                                     Versus
State Of Rajasthan, Through PP
                                                                    ----Respondent


For Petitioner(s)          :     Mr.Rakesh Matoria with Mr.Vikas
For Respondent(s)          :     Mr.Gaurav Singh, PP.



              HON'BLE MS. JUSTICE REKHA BORANA

Order 31/05/2024

1. The present second bail application under Section 439 Cr.P.C. has been filed on behalf of the petitioner against the order dated 26.07.2023 passed by the learned Special Judge, N.D.P.S. Act and Additional Sessions Judge No.1, Bikaner in Criminal Misc. (Bail) Case No.1446/2023 (417/2023) whereby the second bail application as preferred on behalf of accused petitioner has been rejected, who had been arrested in connection with FIR No.131/2020 registered at Police Station Naal, District Bikaner for the alleged offences punishable under Sections 8/22 & 8/25 of NDPS Act.

2. The first bail application of the petitioner was dismissed as not pressed vide order dated 19.08.2021 (S.B. Crl. Misc. Bail Application No.7666/2021) while giving liberty to the petitioner to (Downloaded on 05/06/2024 at 08:35:56 PM) [2024:RJ-JD:25200] (2 of 4) [CRLMB-11062/2023] move fresh bail application after the statement of seizure officer/ investigating officer is recorded.

3. The background facts in a nutshell are that on 31.10.2020, the police team of Police Station Nal, District Bikaner including Vikram Singh, S.H.O., while patrolling reached near Gandhi Piyau and made nakabandi. During nakabandi, they intercepted a vehicle bearing registration number DL 6CP 0323 and upon search, certain quantity of medicinal drugs was found in the Car. The Car was driven by the present petitioner Chamkaur Singh and Nashtar Singh @ Chhatri was sitting by his side. The person sitting on the rear side was Harpreet Singh @ Sarbar Singh. Huge quantity of Tablets Tramadol and Radol i.e. 17700 tablets weighing 05.664 kgs. were recovered from the Car. All these three persons were apprehended at the spot.

On the basis of aforesaid seizure memo, FIR No.131/2020 was registered for the offences punishable under Sections 8/22, 25 & 29 of NDPS Act. After thorough investigation, charge-sheet has been filed in the competent Court against the accused persons.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in this case. He submitted that the trial is pending for last about three years and till date, only one prosecution witness has been examined out of total cited 15 witnesses. The present petitioner is in the judicial custody since 31.10.2020 i.e. for more than three and a half years and the trial of the case will take sufficiently long time. Therefore, the benefit of bail may be granted to the accused-petitioner. (Downloaded on 05/06/2024 at 08:35:56 PM) [2024:RJ-JD:25200] (3 of 4) [CRLMB-11062/2023]

5. Learned Public Prosecutor has submitted that the recovered contraband is multiple times of the commercial quantity, therefore, benefit of bail may not be granted to the petitioner.

6. Heard learned counsel for the petitioner and learned Public Prosecutor and perused the order-sheets of the trial proceedings as placed on record.

7. It is not disputed that the accused petitioner has so far suffered incarceration of more than three and a half years and also that the trial is proceeding at a slow pace. But then, this Court cannot be oblivious of the fact that the present is a case of recovery of huge quantity of Tramadol and Radol tablets, the recovered quantity being more than 5½ kgs against the commercial quantity of 250 gms. As held by the Hon'ble Apex Court in the latest judgment in the case of State by the Inspector of Police Vs. B. Ramu;2024 (2) SCR 357 : 2024 INSC 114, for entertaining a prayer for bail in a case involving recovery of commercial quantity of narcotic drug or psychotropic substance, the Court would have to mandatorily record the satisfaction in terms of the rider contained in Section 37 of the NDPS Act.

So far as the present matter is concerned, this Court has no reasonable ground to believe that the accused is not guilty of the offence alleged and that he is not likely to commit any offence while on bail.

8. Having regard to the totality of the facts and circumstances of the case and the nature of allegations levelled against the petitioner and the gravity of offence, I do not find it a fit case to grant bail to the petitioner.

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[2024:RJ-JD:25200] (4 of 4) [CRLMB-11062/2023]

9. Accordingly, the present second bail application, having no merits, is hereby dismissed.

10. However, keeping into consideration the fact that the petitioner is behind the bars since more than three years, the learned trial Court is directed to make sincere endeavour to complete the trial as expeditiously as possible.

(REKHA BORANA),J SPhophaliya/-

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