Rajasthan High Court - Jodhpur
Arjun Singh vs State on 6 January, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Second Bail Application No. 16869/2021
Arjun Singh S/o Sh. Sajjan Singh, Aged About 24 Years, B/c
Ravana Rajput, R/o Solanki Ka Khera, Badaliyas Police Station,
Bhilwara, District Bhilwara.
(Lodged In District Jail Chittorgarh).
----Petitioner
Versus
State of Rajasthan
----Respondent
For Petitioner(s) : Mr. B. Ray Bishnoi (through VC)
For Respondent(s) : Mr. S.K. Bhati, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
06/01/2022
Heard learned counsel for the petitioner as well as
learned Public Prosecutor and also perused the material on
record.
The petitioner has been arrested in FIR No.49/2020 of Police
Station Parsoli, District Chittorgarh for the offences punishable
under Sections 8/15 and 8/29 of NDPS Act. He has preferred this
second bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that as per
the prosecution story, the police have apprehended the petitioner
whiel he was transporting 328 kgs. of poppy straw in a bolero
pickup vehicle.
Learned counsel for the petitioner has submitted that it
is clear from the sezure memo as well as the statement of
(2 of 3) [CRLMB-16869/2021]
Seizure Officer viz. Sanjay (PW-2), the then S.I. of Police
Station Parsoli, District Chittorgarh that 17 bags containing
poppy straw weighinng 328 kgs. 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 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 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 petitioner 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 petitioner may kindly be enlarged on bail.
(3 of 3) [CRLMB-16869/2021]
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
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 petitioner under Section 439 Cr.P.C.
Learned Public Prosecutor has opposed the bail
application.
Accordingly, this second bail application filed under
Section 439 Cr.P.C. is allowed and it is directed that
petitioner-Arjun Singh S/o Sajjan Singh shall be released on
bail in connection with FIR No.49/2020 of Police Station Parsoli,
District Chittorgarh provided he 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 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.
(VIJAY BISHNOI),J
Abhishek Kumar
S.No.143
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