Prabhu Ram vs State Of Rajasthan
2021 Latest Caselaw 9374 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 4434/2021 Prabhu Ram S/o Shri Ashu Ram Ji, Aged About 30 Years, R/o Village Kabuli, Dhorimanna Police Station Barmer, Distt. Barmer. (Lodged In Sub Jail Bhinmal).

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

----Respondent

For Petitioner(s) : Mr. Vijay Raj Bishnoi, through VC For Respondent(s) : Mr. Mukhtiar Khan, PP

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA Judgment / Order 06/05/2021

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.154/2020, Police Station Chitalwana,

District Jalore, registered for the offences under Section 8/15 of

NDPS Act.

Learned counsel for the petitioner appearing through video

conferencing stated that as per Page 2 of Seizure Memo, sample

was taken only from one bag (Katta) having total weight of 20.250

Kgs. In support of his arguments, learned counsel for the

petitioner placed reliance on the law laid down by the co-ordinate

Bench of this Court in the case of Net Ram & Ors. Vs. State of

Rajasthan reported in [2014(1) Cr.L.R. (Raj.) 63], considering the

issue about patent lacuna in drawing sample, petitioner is entitled

to be granted bail. With these submissions, learned counsel for the

petitioner prayed that the benefit of bail may be granted to the

accused-petitioner.

(2 of 2) [CRLMB-4434/2021]

Per contra, learned Public Prosecutor has opposed the bail

application of the accused-petitioner and stated that total 109

bags of contraband poppy-husk with weight of 2165 Kgm. were

recovered from the accused-petitioner.

Heard and considered the arguments advanced by the

learned counsel for the petitioner appearing through video

conferencing and learned Public Prosecutor present-in-person.

Perused the material available on record.

It is admitted position that sample was collected by seizure

officer from only first bag having weight of 20.250 Kg. and

therefore, as per law and ratio decided in Net Ram & Ors. Vs.

State of Raj.(supra), petitioner is entitled to be granted bail.

Having regard to the facts and circumstances of the case,

therefore, 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 Prabhu Ram S/o Shri Ashu Ram Ji,

arrested in connection with F.I.R. No.154/2020, Police Station

Chitalwana, District Jalore, shall be released on bail, if not wanted

in any other case; provided he furnishes a personal bond of

Rs.1,00,000/- and two surety bonds of Rs.50,000/- each to the

satisfaction of the learned trial Court with the stipulation to appear

before that Court on all dates of hearing and as and when called

upon to do so.

( DEVENDRA KACHHAWAHA),J 11-amit/-

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