Ratan Lal vs State
2022 Latest Caselaw 1720 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous II Bail Application No. 15899/2021

Ratan Lal S/o Dalu Lal Kumawat, Aged About 33 Years, Sirodi, P.s. Chanderia, Dist. Chittorgarh (Raj.). (At Present Lodged At Dist. Jail, Chittorgarh).

                                                                    ----Petitioner
                                     Versus
State, Through PP
                                                                  ----Respondent


For Petitioner(s)          :     Mr. R.K. Charan (VC)
For Respondent(s)          :     Mr. Vikram Sharma, PP



      HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

                                      Order

03/02/2022

In wake of onslaught of COVID-19, as per guidelines,

lawyers have been advised to refrain from coming to the Courts,

therefore, hearing of the matter is being taken up only through

video conferencing.

Heard learned counsel for the petitioner appearing through

video conferencing and learned Public Prosecutor, present-in-

person. Perused the material available on record.

The present second 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.67/2019, Police Station Begu,

District Chittorgarh registered for the offences under Sections

8/15,25 & 29 of the NDPS Act.

(2 of 4) [CRLMB-15899/2021]

Pressing this second bail application, it is submitted by

learned counsel for the petitioner that as per prosecution, from

vehicle, the truck bearing no.RJ-27 1G 1269, alleged contraband

recovered, the accused petitioner ran away from the spot and

subsequently arrested, and while rejecting first bail application

vide order dated 28.01.2021, liberty was granted to file fresh bail

application after recording of statement of Seizure

Officer/Investigating Officer and since, as per the prosecution, the

accused petitioner ran away from the spot, the statement of the

Seizure Officer is sufficient for consideration of right of bail of the

accused petitioner. It is submitted that statement of Seizure

Officer, Mr. Virendra Singh (PW2) has already been recorded by

the learned trial court, wherein he has admitted that total 14 bags

were found having alleged contraband and from each bag, 500

gms of the contraband was taken and mixed in another bag and

the samples were taken, therefore, the samples were not taken

properly in the present case and thus, it is a clear cut violation of

the provisions of NDPS Act and accused-petitioner is entitled for

bail as per the guidelines issued in light of judgment in Netram

Vs. State of Rajasthan [2014 (2) WLN 394 (Raj)]. It is further

submitted that the accused petitioner is behind the bars since

15.05.2020 and further trial will likely to take sufficiently long

time, therefore, benefit of bail may be granted to the accused-

petitioner.

Per contra, learned Public Prosecutor opposed the second bail

application of the accused-petitioner and submitted that total 325

kgs and 600 gms poppy husk was recovered, which is above the

commercial quantity and further stated that the accused petitioner

(3 of 4) [CRLMB-15899/2021]

is owner of the vehicle in which contraband was recovered. Lastly,

he urges that provisions of Section 37 of the NDPS Act, are clearly

attracted in the present case.

In reply to this, learned counsel for the petitioner submits

that charge of offence under Section 8/15 and 8/25 both cannot

be concurrently levelled against the accused petitioner because as

per the prosecution under Section 8/25, the vehicle was given by

the vehicle owner to another person.

Having regard to the facts and circumstances of the case and

particularly in light of statement recorded of Seizure Officer, Mr.

Virendra Singh, which corroborated with the Seizure Memo itself

and it is undisputed fact that the guidelines issued in Neta Ram's

case (supra) were violated in the present case, trial will likely to

take sufficiently long time and also this Court is of the view that

conditions of Section 37 of the NDPS Act are clearly satisfied in

the present case, therefore, without expressing any opinion on the

merits/demerits of the case, this Court is of the opinion that the

second bail application filed by the petitioner deserves to be

accepted.

Consequently, the second bail application is allowed. It is

ordered that the accused-petitioner-Ratan Lal son of Dalu Lal

Kumawat arrested in connection with F.I.R. No.67/2019, Police

Station Begu, District Chittorgarh, shall be released on bail, if not

wanted in any other case, provided he furnishes a personal bond

of Rs.2,00,000/- (Rupees Two Lacs) and two sound and solvent

sureties of Rs.1,00,000/- (Rupees One Lac) each to the

(4 of 4) [CRLMB-15899/2021]

satisfaction of the 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.

(DEVENDRA KACHHAWAHA),J 17-Vij/-

Powered by TCPDF (www.tcpdf.org)