Rajasthan High Court - Jodhpur
Hari Singh @ Heera Lal @ Mangu vs State Of Rajasthan on 27 July, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 5376/2022
Hari Singh @ Heera Lal @ Mangu S/o Shri Lakhma @
Lakhmichand Rawat, Aged About 50 Years, R/o Katai Mahadev Ps
Badi Sadari Chittorgarh (Presently Lodged At Distt. Jail
Chittorgarh)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Vipul Dharnia
For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
27/07/2022
Heard learned counsel for the parties and perused
the material available on record.
The petitioner(s) has/have been arrested in FIR
No.294/2017 of Police Station Badi Sadari, District
Chittorgarh for the offence(s) punishable under
Section(s) 8/15 of the NDPS Act. He/she/they has/have
preferred this/these second bail application(s) under
Section 439 Cr.P.C.
(2 of 4) [CRLMB-5376/2022]
Learned counsel for the petitioner has submitted that
as per the prosecution story, the police has recovered
835 kgs of poppy straw filled in 40 bags from the
residential house of the petitioner. It is further submitted
that as per the recovery memo prepared by the police, it
is clear that the police has taken out poppy straw
weighing 200 gms each from all the 40 bags and after
mixing the same, took out two samples of 500 gms each.
Learned counsel while inviting my attention towards the
statement of the Seizure Officer namely Chandra Shekhar
(PW-1) has submitted that the Seizure Officer, in his
evidence, has admitted that the samples were not taken
out from each bag separately but after taking out 200
gms of poppy straw from each bag, the same was mixed
and thereafter the samples were taken out.
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
(3 of 4) [CRLMB-5376/2022]
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.
Having considered the overall 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's case
(supra), this Court is of the opinion that there are rare
chances of petitioner's conviction and trial of the case is
likely to take time, without expressing any opinion on the
merits of the case, I deem it just and proper to grant bail
to the petitioner(s) under Section 439 Cr.P.C.
Learned Public Prosecutor has opposed the bail
application(s).
Accordingly, this/these second bail application(s)
filed under Section 439 Cr.P.C. is/are allowed and it is
directed that petitioner(s) - Hari Singh @ Heera Lal @
Mangu S/o Shri Lakhma @ Lakhmichand Rawat shall be
released on bail in connection with FIR No.294/2017 of
Police Station Badi Sadari, District Chittorgarh provided
(4 of 4) [CRLMB-5376/2022]
he/she/they execute(s) 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/her/their 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
68-msrathore/-
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