Rajasthan High Court - Jodhpur
Tara Chand vs State Of Rajasthan on 10 June, 2021
Bench: Devendra Kachhawaha Judge)
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 6649/2021
Tara Chand S/o Narayan Lal Dhakar, Aged About 25 Years,
Gulana, Police Station Begun, District Chittorgarh.
(At Present Lodged In District Jail Chittorgarh).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) : Mr. Deepak Menaria, through VC
For Respondent(s) : Mr. Mukhtiyar Khan, P.P.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
(VACATION JUDGE)
Order
10/06/2021
The present bail application has been filed under Section 439
Cr.P.C. on behalf of the petitioner, who is in judicial custody in
connection with F.I.R. No.155/2019, Police Station Begun, District
Chittorgarh, registered for the offences under Sections 8/15 of the
NDPS Act.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that as per page
nine of the charge-sheet, seizure proceeding was conducted on
07.08.2019 and as per page 38, the samples were sent to FSL on
26.08.2019 and samples were received by FSL on 27.08.2019 at
page no.40, which is admittedly after lapse of 72 hours and is also
clear-cut violation of standing instructions of NCB. In support of
(2 of 3)
his contention, he has relied upon the judgments of this Court in
S.B. Criminal Bail Application No.5428/2021 (Jagdish Vs. State),
S.B. Criminal Bail Application No.5510/2021 (Shankerlal Vs.
State), S.B. Criminal Bail Application No.13337/2020 (Kanahaiya
Lal Vs. State) & S.B. Criminal Bail Application No.3342/2020
(Dinesh @ Rinku Vs. State). With this submission, learned counsel
for the petitioner has prayed that benefit of bail may also be
granted to the accused-petitioner.
Per contra, learned Public Prosecutor has opposed the bail
application and stated that recovered quantity is commercial
quantity and embargo under Section 37 in the matter of grant of
bail is clearly attracted in this case, therefore, benefit of bail may
not be granted to the accused-petitioner.
Having regard to the facts and circumstances of the case
and gone through the previous orders, no case of such type is
submitted by learned Public Prosecutor in support of his
arguments which shows that despite of the non-compliance of the
standing instructions of NCB issued in this regard, bail cannot be
granted. On the contrary, the cases relied upon by learned counsel
for the petitioner, benefit of bail was granted on the same ground.
In this background and having regard to the facts and
circumstances as available on record, this Court is of the view that
the conditions of Section 37 of the NDPS Act are satisfied, without
expressing any opinion on the merits/demerits of the case, this
Court is of the opinion that the bail application filed by the
petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered
that the accused-petitioner-Tara Chand S/o Narayan Lal Dhakar,
arrested in connection with F.I.R. No.155/2019, Police Station
(3 of 3)
Begun, District Chittorgarh, shall be released on bail, if not wanted
in any other case, provided he furnishes a personal bond of
Rs.1,00,000/- (Rupees One Lakh) and two sound and solvent
sureties of Rs.50,000/- (Rupees Fifty Thousand) each to the
satisfaction of the 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.
(DEVENDRA KACHHAWAHA), VJ
17-Bharti/-
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