Bhagwan Singh S/O Kalulal vs State Of Rajasthan
2021 Latest Caselaw 2962 Raj/2

          HIGH COURT OF JUDICATURE FOR RAJASTHAN
                      BENCH AT JAIPUR

          S.B. Criminal Miscellaneous Bail Application No.
                               10987/2021

Bhagwan Singh S/o Kalulal, Aged About 32 Years, R/o Vill.
Neemkheda Majre Wardiya Ps Ratlai Tehsil Bakani Dist. Jhalawar
Raj. (At Present Confined In Sub Dist. Jail Bhawani Mandi Dist.
Jhalawar Raj.)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent

For Petitioner(s) : Mr. Rohit Khandelwal For Respondent(s) : Mr. Tej Prakash Sharma

HON'BLE MR. JUSTICE PANKAJ BHANDARI

Judgment / Order

15/07/2021

1. Petitioner has filed this bail application under Section 439

Cr.P.C.

2. F.I.R. No.02/2020 was registered at Police Station Central

Narcotics Bureau Bhawani Mandi, District Jhalawar for offence

under Sections 8/21, 25 & 29 NDPS Act.

3. It is contended by counsel for the petitioner that at the time

when the seizure was made, the articles that were seized was

shown to be of brown colour, whereas in the test report, the article

which reached for FSL was of off-white colour. It is also contended

that the compliance of Section 50 of NDPS Act was not done in

accordance with law. The third option was given to the accused of

getting the search done by the Seizure Officer himself. It is further

(2 of 2) [CRLMB-10987/2021]

contended that the requirements of Section 57 of NDPS Act was

also not carried out and the information was not sent to the senior

officer within 72 hours.

4. Counsel for the Union of India has opposed the bail

application. It is contended that off white colour and brown colour

are synonymous terms. The packet that was sealed was sent for

analysis and it cannot be said at his stage that samples were

changed by the Seizure Officer. It is also contended that the

samples found is henoin and the recovered contraband is of

commercial quantity. It is contended that the compliance of

Section 57 NDPS Act was done and information was sent to the

senior officer. With regard to Section 50 of the NDPS Act, it is

contended that when information is received about the

transportation of contraband, the authorities generally take the

printed documents. At this stage, in view of Section 37 of the

NDPS Act, bail cannot be granted as commercial quantity has been

recovered and petitioner is the registered owner of the vehicle on

which he was carrying the contraband. It is contended that the

technicalities can be seen only after the statements are recorded

during trial.

5. I have considered the contentions.

6. Considering the contentions put forth by counsel for the

Union of India, I am not inclined to entertain the bail application.

7. This bail application is, accordingly, dismissed.

(PANKAJ BHANDARI),J

NIKHIL KR. YADAV /60

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