Rajasthan High Court - Jodhpur
Jahid Ali vs State Of Rajasthan on 4 May, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4107/2021
1. Jahid Ali S/o Nabibaksh, Aged About 57 Years, R/o
Balchat Tikra Usman, Dist. Barabanki (U.p.). (At Present
Lodged At District Jail, Dungarpur).
2. Afzal S/o Mohd. Jilani, Aged About 37 Years, R/o Balchat
Tikra Usman, Dist. Barabanki (U.p.). (At Present Lodged
At District Jail, Dungarpur).
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. R.K. Charan (through VC)
For Respondent(s) : Mr. Shrawan Bishnoi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
04/05/2021
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.97/2018 of Police
Station Bichiwada, District Dungarpur for the offences punishable
under Sections 8/15, 29 of the NDPS Act. He has preferred this
bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that it
is clear from the statements of Sunil Sharma (PW-1), the
then SHO of Police Station Bichiwada that total 97 bags
containing poppy husk weighing 2547 kgs. were seized by the
police and the Seizure Officer first took sample from each bag
(2 of 3) [CRLMB-4107/2021]
then he mixed the same on a tarpaulin and thereafter took
two samples of 500 gms each from that 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 some 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 petitioner may kindly be enlarged on bail.
Having considered the overall facts and circumstances of
the case, substantial grounds taken in this bail application,
taking into consideration the judgment passed by this Court
in Netram's case (supra) and keeping in view the fact that
(3 of 3) [CRLMB-4107/2021]
trial of the case is likely to take time, this Court is inclined to
grant bail to the petitioner under Section 439 Cr.P.C.
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 Jahid Ali S/o
Nabibaksh and Afzal S/o Mohd. Jilani shall be released on bail in
connection with FIR No.97/2018 of Police Station Bichiwada,
District Dungarpur provided he executes a personal bond in the
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
14-Arun/-
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