Rajasthan High Court - Jodhpur
Nishan Singh vs State Of Rajasthan on 6 January, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13381/2021
1. Nishan Singh S/o Kasmira Singh, Aged About 35 Years,
B/c Sikh, R/o Mugal Majara, Amloh, Govind Garh Mandi,
Fateh Garh Sahib, Punjab. (At Present Lodged In District
Jail, Churu).
2. Kuldeep Singh S/o Jarnel Singh, Aged About 44 Years, B/c
Sikh, R/o Mugal Majara, Amloh, Govind Garh Mandi, Fateh
Garh Sahib, Punjab. (At Present Lodged In District Jail,
Churu).
----Petitioners
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vikas Bijarnia (through VC)
For Respondent(s) : Mr. Mukesh Trivedi, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
06/01/2022
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.75/2020 of
Police Station Bhanipura, Distt. Churu for the offences
punishable under Sections 8/15 of the NDPS Act. He has
preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that as
per the prosecution story, the police has recovered 148 kg of
poppy husk from the possession of the petitioner and
arrested him while transporting the same in a truck. It is
(2 of 3) [CRLMB-13381/2021]
argued that the said poppy husk was filled in seven bags each
containing 20 kg of poppy husk. It is further submitted that
from the recovery memo, it is clear that the seizure officer
has first mixed the said narcotic contraband on a tarpaulin
and thereafter took two sample of 250 gm each from the said
mixture. Learned counsel has also submitted that the seziure
officer has not taken out the samples as per the precribed
procedure. Learned counsel for the petitioner has invited my
attention towards the statement of the seizure officer
Malkiyat Singh (PW-1) and argued that in the said statement,
the seizure officer has admitted that he has not taken out
separate samples from each bags. 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 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
(3 of 3) [CRLMB-13381/2021]
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 regard to the totality of the 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 Case (supra) and
taking into consideration that fact that trial is likely to take
time, this court is inclined to grant bail to the petitioner,
without expressing any opinion on the merits of the case, I
deem it just and proper to grant bail to the accused petitioner
under Section 439 Cr.P.C.
Accordingly, this bail application filed under Section 439
Cr.P.C. is allowed and it is directed that petitioners - Nishan
Singh S/o Kasmira Singh, Kuldeep Singh S/o Jarnel Singh shall be
released on bail in connection with FIR No.75/2020 of Police
Station Bhanipura, Distt. Churu 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
131-Arun/-
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