Sikandar Singh vs State
2021 Latest Caselaw 10347 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3000/2021 Sikandar Singh S/o Jagasir Singh, Aged About 24 Years, Gehlla Ps Tallewal, Dist. Barnal, Punjab. (Presently Lodged In Pratapgarh Jail).

----Petitioner Versus State, Through P.p.

                                                                 ----Respondent


For Petitioner(s)         :     Mr. Ram Niwas
For Respondent(s)         :     Mr. Anil Joshi, PP

HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Order 08/07/2021

Learned counsel for the petitioner submits that the I.O. in his

statement made in the court made allegations with regard to only

45 Kg of Poppy straw to be in possession of the petitioner and the

petitioner therefore deserves to be granted bail.

Learned counsel further submits that the samples were sent

to the FSL belatedly i.e. after 72 hours and there is a violation of

the NCB circular thus, the petitioner deserves to be granted bail

and relies upon the order passed by the co-ordinate Bench in S.B.

Criminal Miscellaneous Bail Application No.3342/2020 :

Dinesh @ Rinku versus State dated 07.09.2020. Learned

counsel also relies upon the order in the case of Sobhag Singh

versus State of Rajasthan : S.B. Criminal Miscellaneous 3 rd

Bail Application No.4483/2021 dated 07.07.2021 to submit

that if the contraband recovered has been shown to be with two

different persons, then the contraband individually will have to be

seen for the purpose of grant of bail.

(2 of 3) [CRLMB-3000/2021]

Learned Public Prosecutor opposes the bail application and

submits that the trial has already begun. He further submits that

the petitioner was the driver of the truck from where poppy straw

of 539 kg was recovered and the Investigation Officer's statement

cannot be looked into at this stage for the purpose of the

possession and recovery of the huge amount from the petitioner.

Learned Public Prosecutor further points out that the

judgment passed by the Co-ordinate Bench is distinguished by this

court in the case of Sobhag singh (supra). and points out that

delay in submission of the samples could give no benefit to the

accused for releasing him on bail and if such a view is taken in

cases where there is huge quantity of contraband recovered and

IO delays in submitting the samples to the FSL, the bail would

automatically be granted to the accused.

Learned Public Prosecutor further submits that the judgment

passed by the Co-ordinate Bench thus does not take into

consideration of the fact that the NCB Circular is only a guideline

and is not a mandatory and would have no effect not affect either

on the trial or on the FSL Report.

I have considered the submissions.

This Court in S.B. Criminal Miscellaneous Bail

Application No.7978/2021 : Joga Ram versus State of

Rajasthan alongwith connected matter, decided vide order dated

07.07.2021 has already taken a view and held as under:-

"While this Court is satisfied that the issues raised by the petitioners may have material aspects, to be examined at the time of framing of charges/at the time of trial, however, I refrain from making any observation in relation to the same at this stage as that would not be of

(3 of 3) [CRLMB-3000/2021]

necessary implication at the stage when only a charge sheet has been filed and statements have not been recorded before the court.

So far as argument of parity (supra) as raised by the learned counsel for the petitioners is concerned, I find with respect that the coordinate Bench of this Court while granting bail in the aforesaid case of Tara Chand (supra), did not examine the issue whether violation of Standing Instructions of NCB would have any effect on the FSL analysis. Ultimately, in my opinion, while delay in submitting samples to the FSL later than 72 hours may be irregularity, the sanctity of FSL report ultimately given would have no effect. The Standing Instructions of the NCB are advisory in nature and the same would not give any benefit to an accused who is found to have been illegally carrying a huge quantity of contraband material. Granting bail on the said basis, in my opinion, is of no justification and I, therefore, respectfully differ from the order passed by the coordinate Bench.

Taking into consideration the huge quantity of Poppy Husk recovered from the petitioners, I am not inclined to release the petitioner at this stage.

The bail applications are dismissed."

Keeping in view the fact that recovery of huge amount of

poppy straw from the truck which was being driven by the

petitioner, has been recovered, and the trial is going on but

without commenting further on merits of the case, I am not

inclined to release the petitioner on bail.

The bail application is accordingly dismissed.

(SANJEEV PRAKASH SHARMA),J 3-1/-saurabh

Powered by TCPDF (www.tcpdf.org)