Karna Ram vs State
2022 Latest Caselaw 6539 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Second Bail Application No. 4472/2022

Suresh S/o Babu Lal Khillery, Aged About 30 Years, B/c Bishnoi, R/o Vishnu Nagar, Luni Police Station, Luni, District Jodhpur. (Lodged In District Jail, Chittorgarh)

----Petitioner Versus State Of Rajasthan

----Respondent CONNECTED WITH S.B. Criminal Misc. Second Bail Application No. 2942/2022 Karna Ram S/o Shri Raichand Khillery, Aged About 45 Years, B/c Bishnoi, R/o Nehada Ki Dhani, Rohat Police Station, District Pali. (Lodged In District Jail, Chittorgarh)

----Petitioner Versus State of Rajasthan

----Respondent

For Petitioner(s) : Mr. B. Ray Bishnoi Mr. Manohar Singh Mr. Tanay Jain For Respondent(s) : Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Order

05/05/2022

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.71/2020 of

Police Station Nikumbh, District Chittorgarh for the offences

(2 of 4) [CRLMB-4472/2022]

punishable under Sections 8/15 and 8/29 of NDPS Act. They have

preferred these second bail applications under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that

as per the prosecution story, the police apprehended the

petitioners while they were transporting 208.450 kgs. of

poppy straw in a Alto Car. Learned counsel for the petitioners

has further submitted that from the Seizure Memo and the

statement of Sezirue Officer - Suresh Bishnoi (PW-1), the

then SHO of Police Station Nikhumbh, District Chittorgarh, it

is clear that 12 bags containing poppy straw weighinng

208.450 kgs. were seized by the police and the Seizure

Officer did not take out seperate samples of poppy straw from

all the bags, however, he first took two samples of poppy

straw from one bag i.e. bag No.1 then he mixed the said

poppy straw on a tarpaulin and thereafter took two samples

of 500 gms each from that mixture, later on, he mixed the

poppy straw of bag Nos.2 to 12 on a tarpaulin 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

husk for samples.

Learned counsel for the petitioners 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.

(3 of 4) [CRLMB-4472/2022]

(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 petitioners may kindly be enlarged on bail.

Learned Public Prosecutor has opposed the bail

applications.

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, without expressing any

opinion on the merits of the case, I deem it just and proper

to grant bail to the accused petitioners under Section 439

Cr.P.C.

Accordingly, these second bail applications filed under

Section 439 Cr.P.C. are allowed and it is directed that

petitioners - Suresh S/o Babu Lal Khillery and Karna Ram

S/o Raichand Khillery shall be released on bail in connection

(4 of 4) [CRLMB-4472/2022]

with FIR No.71/2020 of Police Station Nikumbh, District

Chittorgarh provided each of them executes 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 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

Abhishek Kumar S.Nos.229-230

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