Rajasthan High Court - Jodhpur
Karamchand @ Karma vs State Of Rajasthan on 19 February, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 2555/2021
Karamchand @ Karma S/o Durga, Aged About 41 Years, B/c
Banjara, R/o Chhogaba Ka Kheda, Meniya, P.s. Railamgra, Dist.
Rajsamand. (Presently Confined At District Jail, Rajsamand).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Sudhir Saruparia
For Respondent(s) : Mr. A.R. Choudhary, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
19/02/2021
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.184/2019 of
Police Station Railmagra, District Rajsamand for the offences
punishable under Sections 8/20 and 8/25 of the NDPS Act. He has
preferred this second bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that as per
the prosecution story, the police have recovered six cartoon from
the truck containing Ganja while the petitioner was transporting
the same in a truck. The total weight of the alleged Ganja,
recovered by the police, from possession of the petitioner was
32.350 kgs., however, from the recovery memo as well as
statements of the Seizure Officer-Yogendra Kumar Vyas, it is clear
(2 of 3) [CRLMB-2555/2021]
that the Seizure Officer has failed to collect separate samples from
each cartoons but has collected only one sample after mixing
Ganja recoverd from each carton. Thus, it is clear that the Seizure
Officer did not collect separate samples from each bag. It is also
submitted that the S.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 Ganja 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 petitioners may kindly be
enlarged on bail.
Learned Public Prosecutor has opposed the bail applications.
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.
(3 of 3) [CRLMB-2555/2021]
Accordingly, this second bail application filed under Section
439 Cr.P.C. is allowed and it is directed that petitioner -
Karamchand @ Karma S/o Durga shall be released on bail in
connection with FIR No.184/2019 of Police Station Railmagra,
District Rajsamand 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
79-Taruna/-
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