Rajasthan High Court - Jodhpur
Lakvindra vs State on 2 December, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 12927/2021
1. Lakvindra S/o Ajit Singh, Aged About 35 Years, R/o
Chandigarh Mohalla, Fatehabad, Police Station Godwal,
District Amritsar (Punjab) (At Present Lodged In District
Jail, Churu)
2. Pala @ Jitendra Pal Singh S/o Ajit Singh, Aged About 35
Years, R/o Chandigarh Mohalla, Fatehabad, Police Station
Godwal, District Amritsar (Punjab) (At Present Lodged In
District Jail, Churu)
3. Luvpreet Singh S/o Shri Mukhtyar Singh, Aged About 28
Years, R/o Chandigarh Mohalla, Police Station Godwal,
District Amritsar (Punjab) (At Present Lodged In District
Jail, Churu)
----Petitioners
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Swaroop Singh
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
02/12/2021
Heard learned counsel for the parties and perused the
material on record.
The petitioners have been arrested in FIR No.178/2019
of Police Station Bhanipura, Distt. Churu for the offences
punishable under Sections 8/15 of the NDPS Act. They have
preferred this second bail application under Section 439
Cr.P.C.
(2 of 3) [CRLMB-12927/2021]
Learned counsel for the petitioners has submitted that it
is clear from the statement of Seizure Officer namely Malkiyat
Singh (PW-2), the then SHO of Police Station Bhanipua that
10 bags containing poppy husk (total weighing 380 kgs) were
seized and the Seizure Officer first mixed the said poppy husk
on a tarpaulin and thereafter took two samples of 250 gms
each from that mixture. Thus, it is clear that the Seizure
Officer did not collect separate samples from each bag. It is
also submitted that the I.O. has not stated that the test by
the U.N. Kit was carried out on each bag before taking small
quantity of poppy husk for samples.
Learned counsel for the petitioner while placing reliance
on the decision of this Court rendered in the case of Netram
Vs. State of Rajasthan, reported in 2014(1) Cr.L.R.
(Raj.) 163 has argued that this Court has held that if the
samples from each bag containing poppy husk/poppy straw
have not been collected and test by U.N.Kit has not been
conducted on each bag and if the Seizure Officer has taken
out some quantity of narcotic drug from each bag and after
mixing the same has taken out some portion for sample,
then, the same is not in conformity with the Standing
Instruction No.1/88 issued by the Narcotics Control Bureau,
New Delhi, particularly, Instruction No.1.7 and, as such, it
cannot be said that the narcotic contraband recovered in the
matter is of commercial quantity or above. It is, thus, prayed
that the petitioner may kindly be enlarged on bail.
Having considered the overall facts and circumstances of
the case and substantial grounds taken in this bail application
and taking into consideration the judgment passed by this
(3 of 3) [CRLMB-12927/2021]
Court in Netram's case (supra), this Court is of the opinion
that there are rare chances of petitioner's conviction and trial
of the case is likely to take time, this Court is inclined to
grant bail to the petitioner.
Learned Public Prosecutor has opposed the bail
application.
Having regard to the totality of the facts and
circumstances of the case, without expressing any opinion on
the merits of the case, I deem it just and proper to grant bail
to the accused petitioner under Section 439 Cr.P.C.
Accordingly, this second bail application filed under
Section 439 Cr.P.C. is allowed and it is directed that
petitioners - (1) Lakvindra S/o Ajit Singh, (2) Pala @ Jitendra Pal
Singh S/o Ajit Singh and (3) Luvpreet Singh S/o Shri Mukhtyar
Singh shall be released on bail in connection with FIR
No.178/2019 of Police Station Bhanipura, Distt. Churu
provided each of them executes a personal bond in the sum
of Rs.50,000/- with two sound and solvent sureties of
Rs.25,000/- each to the satisfaction of learned trial court for
their appearance before that court on each and every date of
hearing and whenever called upon to do so till the completion
of the trial.
(VIJAY BISHNOI),J
78-msrathore/-
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