Sher Singh vs State
2021 Latest Caselaw 17831 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. 2nd Bail Application No. 13408/2021

Sher Singh S/o Shri Unkar Singh, Aged About 25 Years, R/o Thata, P.s. Thanwla, District Nagaur (Rajasthan) (Presently Accused Confined In District Jail, Tonk)

----Petitioner Versus State, Through Pp

----Respondent Connected With S.B. Criminal Misc. 2nd Bail Application No. 10471/2021 Sitaram S/o Naurat Singh Rawat, Aged About 25 Years, R/o Badliya, Police Station Aadarsh Nagar, Dist. Ajmer (Raj.) (At Present Confined At District Jail, Chittorgarh)

----Petitioner Versus State, Through Pp

----Respondent

For Petitioner(s) : Ms. Sonia Gill Dr. Kshamendra Mathur (through VC) For Respondent(s) : Mr. Gaurav Singh, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

26/11/2021

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.217/2019 of

Police Station Rawat Bhata, District Chittorgarh for the offences

punishable under Sections 8/15 and 8/25 of NDPS Act. They have

preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioners have submitted that

it is clear from the statement of Ram Roop Meena (PW-1), the

(2 of 3) [CRLMB-13408/2021]

then SHO of Police Station Kalinjara, District Banswara that 8

bags containing poppy straw were seized by the police and

the Seizure Officer first took 500 gms of poppy straw from

each bag then he mixed the said poppy straw and thereafter

took two samples 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 straw 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 have 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.

Learned Public Prosecutor has opposed the bail

application.

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

(3 of 3) [CRLMB-13408/2021]

in Netram's case (supra) and keeping in view the fact that

trial of the case is likely to take time, this Court is inclined to

grant bail to the 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 Sher

Singh S/o Shri Unkar Singh and Sitaram S/o Naurat Singh Rawat

shall be released on bail in connection with FIR No.217/2019 of

Police Station Rawat Bhata, District Chittorgarh provided each of

them execute 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

45-Arun/-

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