Rajasthan High Court - Jodhpur
Dhanraj @ Sattu vs State on 23 November, 2021
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous IIIrd Bail Application No.
12227/2021
Dhanraj @ Sattu S/o Bherulal, Aged About 31 Years, R/o Uncha,
Police Station Rashmi, District Chittorgarh, Rajasthan. (At
Present Lodged In District Jail, Rajsamand)
----Petitioner
Versus
State, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous IIIrd Bail Application No.
12228/2021
Pappu Khan S/o Anar Khan, Aged About 42 Years, R/o Uncha,
Police Station Rashmi, District Chittorgarh, Rajasthan. (At
Present Lodged In District Jail, Rajsamand.)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Chandrasen Rathore
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
23/11/2021
Heard learned counsel for the petitioners as well as
learned Public Prosecutor and also perused the material on
record.
The petitioners have been arrested in FIR No.340/2019
of Police Station Bhim, Distt. Rajsamand for the offences
punishable under Sections 8/15 (C) of the NDPS Act. They
(2 of 3) [CRLMB-12227/2021]
have preferred these bail application under Section 439
Cr.P.C.
Learned counsel for the petitioners has submitted that it
is clear from the recovery memo and the statement of seizure
officer PW-I -Labhuram, the then S.H.O of Police Station
Bhim, Distt. Rajsamand that 3 bags containing poppy straw
were seized by the police and the Seizure Officer first mixed
the said poppy straw 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 I.O. has not stated
that the test by the U.N. Kit was carried out on each bag
before taking small quantity of poppy husk for samples.
Learned counsel for the petitioners 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 petitioners may kindly be enlarged on bail.
(3 of 3) [CRLMB-12227/2021]
Having considered the overall facts and circumstances of
the case and substantial grounds taken in this bail application
and taking into consideration the judgment passed by this
Court in Netram's case (supra), this Court is of the opinion
that there are rare chances of petitioners' conviction and trial
of the case is likely to take time, this Court is inclined to
grant bail to the petitioners.
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 petitioners under Section 439 Cr.P.C.
Accordingly, these bail applications filed under Section
439 Cr.P.C. are allowed and it is directed that petitioners -
Dhanraj @ Sattu S/o Bherulal and Pappu Khan S/o Anar
Khan shall be released on bail in connection with FIR
No.340/2019 of Police Station Bhim, Distt. Rajsamand
provided each of them 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
their 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
21-mohit/-
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