Rajasthan High Court - Jodhpur
Kamlesh vs State on 13 January, 2022
Bench: Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 16636/2021
Kamlesh S/o Shanti Lal Dhakad, Aged About 32 Years, Rajpuriya,
Chittorgarh, Kotwali Police Station, Chittorgarh, Dist.
Chittorgarh. (Lodged In Dist. Jail, Chittorgarh).
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. B. Ray Bishnoi, through VC
For Respondent(s) : Mr. Shrawan Bishnoi, PP=
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Judgment / Order
13/01/2022
Lawyers are not physically appearing in the Court in view of
the unprecedented situation being faced by the country due to
pandemic of novel corona virus (COVID-19).
The present bail application has been filed under Section 439
of Cr.P.C. on behalf of the petitioner who is in custody in
connection with F.I.R. No. 6/2020, Police Station Chittorgarh
Kotwali, District Chittorgarh for the offence under Section 8/15,
8/29 NDPS Act.
I have gone through the order impugned as well as pleadings
in the bail application.
Learned counsel for the petitioner submits that the
contraband Poppy Husk was not recovered from the possession of
the petitioner. He further submits that the statement of PW-1
Sumer Singh, who is the Seizure Officer in this case, has been
(2 of 3) [CRLMB-16636/2021]
recorded before the trial court wherein he has submitted that 25
bags of contraband were poured/emptied on one sheet (तिरपाल)
and, thereafter, the sample of 500 grams from each bag was
taken and those samples were sent for F.S.L. Learned counsel
further submits that the same is contrary to the standing
instructions issued by the Government of India.
Learned counsel for the petitioner while placing reliance on
the decision of this Court in the case of Net Ram Vs. State of
Rajasthan reported in 2014(2) WLN 394 (Raj.) in S.B.
Criminal Appeal NO. 673/2008 argued that if the samples from
which the bags containing poppy husk/poppy straw were not
collected and the colour test by the U.N. Kit was not conducted on
each bag and the Seizure Officer after mixing, some portion for
sample was taken out, 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,
the accused persons cannot be guilty for possession of Narcotic
Drugs of commercial quantity. Therefore, it is prayed that the
petitioner may be enlarged on bail.
The learned Public Prosecutor opposes the bail application.
Having regard to the peculiar facts and circumstances of the
case as also the present situation of the country due to pandemic
of corona virus (COVID-19), in particular the jails, this Court
deems it just and proper to release the petitioner on bail.
Consequently, the present bail application filed under Section
439 of Cr.P.C. is allowed. It is ordered that the accused-petitioner
- Kamlesh S/o Shanti Lal Dhakad arrested in connection with
F.I.R. No. 6/2020, Police Station Chittorgarh Kotwali, District
(3 of 3) [CRLMB-16636/2021]
Chittorgarh shall be released on bail provided he furnishes a
personal bond of Rs.1,00,000/- (Rupees: One Lac Only) with two
sureties of Rs.50,000/- (Rupees : Fifty Thousand Only) each to
the satisfaction of the learned trial court with the stipulation to
appear before that Court on all dates of hearing and as and when
called upon to do so.
(VINIT KUMAR MATHUR),J
42-praveen/-
Powered by TCPDF (www.tcpdf.org)
