Farsaram vs State Of Rajasthan
2021 Latest Caselaw 10383 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4511/2021

Farsaram S/o Surjaram, Aged About 41 Years, By Caste Meghwal, R/o Marjad Shetr, Dhadhu, Phalodi, District Jodhpur. (At Present Lodged In Sub Jail Phalodi).

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

                                                                ----Respondent


For Petitioner(s)        :     Mr. BR Godara
For Respondent(s)        :     Mr. SS Rajpurohit, PP



            HON'BLE MR. JUSTICE VIJAY BISHNOI

                         Judgment / Order

08/07/2021

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.261/2019 of

Police Station Phalodi District Jodhpur for the offences punishable

under Sections 8/15, 25, 29 NDPS Act. He has preferred this bail

application under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that it is

clear from the statements of Seizure Officer Rajeev Bhadu -(PW-

1), the then SHO of Police Station, Phalodi, Distt. Jodhpur that 47

bags containing huge quantity of poppy straw were recovered by

the police and the Seizure Officer first took one sample of 1 kgs

from each bag and mixed the said samples of poppy straw on a

traupaulin, thererafter, took two samples of 1 kg each from that

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mixture. 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 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 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

petitioners may kindly be enlarged on bail.

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

petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Farsaram S/o

Surjaram shall be released on bail in connection with FIR

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No.261/2019 of Police Station Phalodi District Jodhpur provided he

executes a personal bond in a 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

Surabhii/104-

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