Lakhan Koli @ Tutya Son Of Sohan Lal vs State Of Rajasthan
2022 Latest Caselaw 3283 Raj/2

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 4965/2022

 Lakhan Koli @ Tutya Son Of Sohan Lal, Aged About 42 Years,
 Resident Of Mahaveer Colony, Gali No. 1 Police Station Railway
 Colony, Kota(Raj.) ( At Present Confined In District Jail Kota)
                                                                  ----Petitioner
                                   Versus


 State Of Rajasthan, Through P.p.
                                                                ----Respondent

For Petitioner(s)        :     Mr. Anil Kumar Upman
For Respondent(s)        :     Mr. Mangal Singh Saini, PP



              HON'BLE MR. JUSTICE FARJAND ALI

                                    Order

25/04/2022

1. The instant bail application has been filed under Section 439

Cr.P.C. on behalf of accused-petitioner Lakhan Koli @ Tutya son of

Sohan Lal. The petitioner has been arrested in connection with FIR

No. 177/2021 registered at Police Station Bhimaganj Mandi,

District Kota City for the offence(s) under Sections 8/20 of the

NDPS Act.

2. Briefly stated the facts of the instant case are that the

petitioner was intercepted by the police when they were patrolling

near the railway under-bridge early morning on 01.09.2021. The

petitioner got flustered after spotting the police and tried to turn

his scooty around so as to flee from that area. Upon checking, two

packets of contraband charas were recovered from the scooty that

the petitioner was driving. The two packets of seized contraband

(2 of 3) [CRLMB-4965/2022]

weighed 1.016 kgs together. Two samples of 100 gms each,

marked A (chemical sample) and B (control sample), were taken

from the seized contraband for investigation and rest of the

contraband weighing 816 gms was re-packed and marked as C.

After investigation, charge sheet has been filed.

3. Learned counsel for the petitioner submits that as the

samples of the contraband were not collected individually from

each of the two bags, the judgment passed by the coordinate

bench of this court in Netram v. State of Rajasthan, reported in

2014 (1) Cr.L.R. (Raj.) 163, will hold good in the present

circumstances as well. As averred, the two bags were not even

weighed separately but as the samples were wrongly collected,

the quantity of the seized contraband can be assumed to be less

than commercial quantity and the impediment as stipulated in

Section 37 of the NDPS Act will not be applicable in the present

case.

3. Per contra, learned Public Prosecutor opposed the bail

application.

4. Heard counsels for both the parties. Perused the material

available on record. Considering the arguments advanced by the

counsel for the parties and looking to the possibility that the trial

may take long time to conclude, this court deems it just and

proper to enlarge the petitioner on bail.

5. Accordingly, the bail application under Section 439 Cr.P.C. is

allowed and it is ordered that the accused-petitioner, named

above, shall be enlarged on bail provided he furnishes a personal

bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/-

each to the satisfaction of the learned trial Judge for his

(3 of 3) [CRLMB-4965/2022]

appearance before the court concerned on all the dates of hearing

as and when called upon to do so.

(FARJAND ALI),J

ANIL SHARMA /116

Powered by TCPDF (www.tcpdf.org)