Jaswant Singh @ Jassa vs State Of Rajasthan
2022 Latest Caselaw 9953 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Misc. Bail Application No. 5611/2022

Jaswant Singh @ Jassa S/o Shri Partap Singh, Aged About 54 Years, R/o Dhani Chak 11 M.K.S. Rohi Mallarkhera PS Tibbi District Hanumangarh Rajasthan.

(Presently Lodged In Central Jail Bikaner)

----Petitioner Versus

State Of Rajasthan, Through PP

----Respondent

For Petitioner(s) : Mr. Shreedhar Purohit through Video Conferencing assisted by Mr. R.S. Mali For Respondent(s) : Mr. A.R. Choudhary, Public Prosecutor

HON'BLE MR. JUSTICE RAMESHWAR VYAS

Order

28/07/2022

The instant bail application has been filed under Section

439 Cr.P.C. by the petitioner for grant of regular bail in connection

with FIR No. 100/2021 registered at Police Station Tibbi, District

Hanumangarh, for offences punishable under Sections 8/22 of

Narcotic Drugs and Psychotropic Substances Act, 1985.

Heard learned counsel for the parties and perused the

material available on record.

Learned counsel for the petitioner submits that as per

prosecution story, apart from recovery of narcotic substance from

the bag carried by the petitioner, personal search was also made

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by the police, however, no notice under Section 50 of NDPS Act

was given to the petitioner. Counsel further submits that witnesses

of the seizure were also not independent persons; so there is

contravention of provisions of Section 100 Cr.P.C. Learned counsel

for the petitioner submits that in absence of FSL report, charge-

sheet is incomplete. Learned counsel while relying upon the

judgments of Panjab and Haryana High Court in the case of State

of Haryana vs. Dildar Ram @ Dari : CRM-M-25600-2021

decided on 15.7.2021; Rohitash @ Raju vs. State of Haryana :

CRR-933 of 2022 (O&M) decided on 1.6.2022; and Rinku vs.

State of Haryana : Criminal Revision No. 1150 of 2020

decided on 3.11.2020, submits that the petitioner is also entitled

for default bail under Section 167(2) Cr.P.C.

On the contrary, learned Public Prosecutor has opposed

the bail application.

Having regard to the submissions made by the learned

counsel for the parties, this Court is of the considered opinion that

though in NDPS Cases FSL report plays vital role, however, looking

to the work load in FSL, State of Rajasthan, this Court does not

deem it fit to release petitioner on bail under the provisions of

Section 167(2) Cr.P.C., in the facts and circumstances of the case,

particularly looking to the severity and stringent provisions of

Section 37 of NDPS Act, without commenting on merits of the

case, this Court is not inclined to grant indulgence of bail to the

petitioner.

Accordingly, the bail application under Section 439

Cr.P.C. filed by the petitioner is dismissed. However, learned Public

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Prosecutor is directed to make efforts to ensure that FSL report is

received expeditiously in each and every case relating to NDPS

cases.

(RAMESHWAR VYAS),J 22-Mak/-

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