Rajasthan High Court - Jodhpur
Sajjan Ram vs State Of Rajasthan on 22 March, 2021
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3843/2021
1. Sajjan Ram S/o Sh. Jalla Ram, Aged About 43 Years,
Resident Of Malwada, Chitalwana Police Station, District
Jalore. (Lodged In Sub Jail, Bhinmal).
2. Hadmata Ram S/o Moola Ram, Aged About 51 Years,
Resident Of Malwada, Chitalwana Police Station, District
Jalore. (Lodged In Sub Jail, Bhinmal).
----Petitioners
Versus
State Of Rajasthan, Through The Public Prosecutor
----Respondent
For Petitioner(s) : Mr. Vijay Raj Bishnoi
For Respondent(s) : Mr. SS Rajpurohit, PP
JUSTICE DINESH MEHTA
Order
22/03/2021
This 2nd application for bail has been filed by the petitioners
under Section 439 of the Cr.P.C. in connection with FIR
No.356/2019, Police Station Sanchore, District Jalore for the
offences under Section 8/15 of N.D.P.S. Act.
Heard learned counsel for the petitioners and learned Public
Prosecutor and also perused the material available on record.
Mr. Bishnoi, learned counsel for the petitioners invited
Court's attention towards the statement and cross-examination of
the Seizure Officer namely - Kailash Dan (PW-2) and pointed out
that it is an admitted case of the prosecution that the Seizure
Officer (PW-2) had mixed the quantity found in both the tyres of
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tractors and thereafter picked up two samples of 1 kg each of
contraband substance.
He argues that since quantity of poppy straw in two tractors
was 65 kg and 62 kg respectively and the same was found in two
tyres of each tractor, hence it was required of the Seizure Officer
to have taken one sample each from the substance found in a
single tyre. In other words, he ought to have taken four samples
instead of two, has been the argument of Mr. Bishnoi.
He argues that the samples drawn by the Seizure Officer are
contrary to Standing Instruction and judgment of this Court
rendered in Netram Vs. State of Rajasthan, reported in 2014(1)
Cr.L.R. (Raj.) 163.
Learned Public Prosecutor vehemently opposed the bail
application.
Having regard to the facts and circumstances of the case,
considering the submissions made at Bar and 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 2nd bail application filed under Section 439
Cr.P.C. is allowed. It is ordered that petitioners Sajjan Ram S/o
Jalla Ram and Hadmata Ram S/o Moola Ram arrested in
connection with FIR No.356/2019, Police Station Sanchore, District
Jalore shall be released on bail; provided they each execute a
personal bond in the sum of Rs.1,00,000/- with two sureties of
Rs.50,000/- each to the satisfaction of the learned trial Court.
Petitioner shall be required to appear before the concerned trial
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Court on all dates of hearing and as and when called upon to do
so.
(DINESH MEHTA),J
168-Rahul/-
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