Rajasthan High Court - Jodhpur
Jasveer Singh @ Bagga vs State Of Rajasthan on 17 December, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Third Bail Application No. 14876/2021
Jasveer Singh @ Bagga S/o Mangal Singh, B/c Mazib Sikh, Aged
About 41 Years, R/o Chotiya Khurd, District Moga (Punjab)
(Lodged in Sub Jail Ratangarh)
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. B. Ray Bishnoi
For Respondent(s) : Mr. Arun Kumar, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
17/12/2021
Heard learned counsel for the petitioner as well as
learned Public Prosecutor and also perused the material on
record.
The petitioner has been arrested in FIR No.207/2018 of
Police Station Ratangarh, District Churu for the offences
punishable under Sections 8/15, 8/25 and 8/29 of NDPS Act and
Sections 420, 467, 468, 471, 270, 337, 304-A of IPC. He has
preferred this thrid bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that as
per the prosecution story, the police recovered 14 bags of
poppy straw weighing 281.400 kgs. It is argued that as per
the recovery memo, the Seizure Officer first took 50 gms. of
poppy straw from each bag and after mixing the same
preserved it as samples.
(2 of 3) [CRLMB-14876/2021]
Learned counsel for the petitioner has invited my
attention towards the statemetns of Seizure Officer-Prithviraj
Bishnoi (PW-1), the then S.I. of Police Station Ratangarh,
District Churu, and submitted that it is clear from the
statement of Seizure Officer-Prithviraj Bishnoi (PW-1), that
14 bags containing poppy straw weighinng 281.400 kgs. were
seized by the police and the Seizure Officer first took 50 gms.
of poppy straw from each bag and mixed the same in a
plastic bag and marked as sample 'A' and thereafter repeat
the same procedure and marked the sample 'B'. Thus, it is
clear that the Seizure Officer did not collect separate samples
from each bag. It is also submitted that the Seizure Officer
has not stated that the test by the U.N. Kit was carried out on
each bag before taking some 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,
(3 of 3) [CRLMB-14876/2021]
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.
Learned Public Prosecutor has opposed the bail
application.
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.
Accordingly, this third bail application filed under Section
439 Cr.P.C. is allowed and it is directed that petitioner-Jasveer
Singh @ Bagga S/o Mangal Singh shall be released on bail in
connection with FIR No.207/2018 of Police Station Ratangarh,
District Churu provided he 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
his 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
Abhishek Kumar
S.No.26
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