Rajasthan High Court - Jodhpur
Sita Ram vs State Of Rajasthan on 23 February, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 1340/2021
Sita Ram S/o Sh. Nand Ram, Aged About 32 Years, By Caste Jat,
R/o Sirodi, Chanderia Police Station, Dist. Chittorgarh. (Lodged
In District Jail, Chittorgarh).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. B Ray Bishnoi
For Respondent(s) : Mr. Vikram Sharma, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
23/02/2021
Heard learned counsel for the parties and perused the
material available on record.
The petitioner(s) has/have been arrested in FIR
No.37/2019 of Police Station Rashmi, District Chittorgarh for
the offence(s) punishable under Section(s) 8/27, 8/29 of the
NDPS Act and Section 212/120-B IPC. He/she/they has/have
preferred this/these second bail application(s) under Section
439 Cr.P.C.
Learned counsel for the petitioner has submitted that
from perusal of the charge-sheet, it is clear that the
petitioner was not present in the vehicle when the narcotic
contraband poppy straw above commercial quantity was
recovered by the police. It is further submitted that even in
the charge-sheet, it is mentioned that co-accused Suresh and
Purandas were present there and when the police tried to
(2 of 3) [CRLMB-1340/2021]
stop them, both of them fled away from the spot while co-
accused Suresh has fired a gun shot. It is further submitted
that allegation against the petitioner is to the effect that
when co-accused Suresh fled away from the scene of crime,
he helped the petitioner and took him away in another
vehicle. It is also argued that from the memo of recovery of
narcotic contraband poppy straw, it is clear that the police
have failed to collect samples from each of the 22 bags.
Learned counsel for the petitioner while inviting my attention
towards statements of the I.O. namely Chauthmal (PW-3)
has submitted that the police first took 500 gms of poppy
straw from each 22 bags and after mixing the same, took two
samples of 1 kg each as sample as well as control sample
from that mixture.
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.
(3 of 3) [CRLMB-1340/2021]
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
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(s).
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 petitioner(s) under Section 439 Cr.P.C.
Accordingly, this/these second bail application(s) filed
under Section 439 Cr.P.C. is/are allowed and it is directed that
petitioner(s) - Sita Ram S/o Sh. Nand Ram shall be released
on bail in connection with FIR No.37/2019 of Police Station
Rashmi, District Chittorgarh provided he/she/they execute(s)
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/her/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
23-msrathore/-
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