Chandraprakash vs State Of Rajasthan
2022 Latest Caselaw 12867 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

S.B. Criminal Miscellaneous IV Bail Application No. 13764/2022

Chandraprakash S/o Shri Santram, Aged About 24 Years, R/o Nagrana, Tehsil Sangaria, District Hanumangarh. (Presently Lodged At District Jail, Hanumangarh)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Devilal Rawla For Respondent(s) : Mr. Mohd. Javed Gauri, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

02/11/2022

Learned counsel for the petitioner has submitted that

as per the prosecution story, the petitioner was arrested

by the police in connection with transportation of 54 kgs

of poppy straw on 16.7.2019. Learned counsel has

further submitted that as per the prosecution story, the

petitioner was carrying 54 kgs of poppy straw in three

plastic bags and each plastic bag was weighing 17 kgs

500 gms of poppy straw. It is submitted that the

proceedings under Section 52A(3) of the NDPS Act were

carried out by the concerned Magistrate and inventory of

the same was prepared on 4.6.2022. It is further

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submitted that in the inventory, it is observed by the

concerned Magistrate that three bags containing poppy

straw seized by the police are weighing around 15.370

kgs, 15.130 kgs and 15.510 kgs. It is also submitted that

the concerned Magistrate has noticed that the weight of

the controlled sample collected by the police is less than

250 gms.

Learned counsel for the petitioner has submitted that

taking into consideration the above facts, it is clear that

the petitioner is guilty of transporting only 46.510 kgs of

poppy straw, which is below commercial quantity.

Per contra, learned Public Prosecutor has opposed

the bail application and submitted that the contention of

learned counsel for the petitioner to the effect that the

petitioner cannot be held guilty for transporting poppy

straw above commercial quantity cannot be accepted

because the said poppy straw was recovered from the

possession of the petitioner on 16.7.2019 and after that,

three years have been passed and there is all possibility

that fresh poppy straw seized from the possession of the

petitioner got dried up and weight of the same is

reduced.

Learned Public Prosecutor while inviting my attention

towards the order dated 4.6.2022 passed by the

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concerned Magistrate while preparing the inventory under

Section 52A(3) of the NDPS Act has argued that in the

said order also, it is clearly mentioned that the SHO, PS

Sangariya has given the reason for less weight of the

narcotic contraband that the same has been dried up

while lying in the Malkhana of the police station.

Heard learned counsel for the parties and perused

the material available on record.

In the inventory prepared by the concerned

Magistrate, it is clearly mentioned that the bags in which

the narcotic contraband was sealed by the Seizure Officer

remained intact and there was no sign of any lickage or

seepage in the seized articles.

In view of the above, this Court is of the view that

there is all possibility that the weight of the narcotic

contraband is reduced because the same has been dried

up as it was lying in the Malkhana of the police station for

a long time.

Hence, this fourth bail application being devoid of

merit is hereby dismissed.

(VIJAY BISHNOI),J

59-msrathore/-

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