Rajasthan High Court - Jodhpur
Rahul @ Pancharam vs State Of Rajasthan on 16 December, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 15825/2021
1. Rahul @ Pancharam S/o Hanuman Ram, Aged About 35
Years, Chanasaar (Satharan), P.S. Sri-Balaji, District
Nagaur. (Presently Lodged At Dist. Jail, Nagaur).
2. Vishnaram S/o Sankarlal, Aged About 37 Years, R/o
Fatasaar (Satharan), P.S. Sri-Balaji, District Nagaur.
(Presently Lodged At Dist. Jail, Nagaur).
----Petitioners
Versus
State of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Vijay Bishnoi
For Respondent(s) : Mr. BR Bishnoi, AGC
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
16/12/2021
Heard learned counsel for the petitioners as well as
learned Public Prosecutor and also perused the material on
record.
The petitioners have been arrested in FIR No.410/2020 of
Police Station Kotwali, District Nagaur for the offences punishable
under Sections 8/20 of NDPS Act. He has preferred this bail
application under Section 439 Cr.P.C.
Learned counsel for the petitioners has submitted that as per
the prosecution story, the police has recovered 114 packets
containing ganja from the petitioners and co-accused - Vishna
Ram while they were transporting the same in a trailer. Learned
counsel has submitted that the police, after recovery of 114
(2 of 3) [CRLMB-15825/2021]
packets of ganja, has mixed the same on a tarpauline and
thereafter took two samples from that mixture. Learned counsel
has submitted that it is thus clear that the Seizure Officer has not
taken out the samples as per the prescribed procedure. It is
further submitted that the Seizure Officer, in his evidence, has
also admitted that he did not take separate samples from each of
the 114 packets containing ganja.
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, substantial grounds taken in this bail application,
taking into consideration the judgment passed by this Court
in Netram's case (supra) and keeping in view the fact that
trial of the case is likely to take time, this Court is inclined to
grant bail to the petitioner under Section 439 Cr.P.C.
(3 of 3) [CRLMB-15825/2021]
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 petitioners under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioners - Rahul @
Pancharam S/o Hanuman Ram and Vishnaram S/o Sankarlal shall
be released on bail in connection with FIR No.410/2020 of
Police Station Kotwali, District Nagaur provided thee execute 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
13-pratibha/-
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