Rajasthan High Court - Jodhpur
Dilip Kumar vs State Of Rajasthan on 22 November, 2022
Bench: Vijay Bishnoi
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Second Bail Application No. 8987/2022
Dilip Kumar S/o Udailal Harijan, Aged About 30 Years, R/o
Harijan Basti, Near Bus Stand, P.S. Mandalgarh, District
Bhilwara.
(At Present Lodged At District Jail, Chittorgarh)
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. Abhishek Charan
For Respondent(s) : Mr. Mohd. Javed Gauri, P.P.
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
22/11/2022
Heard learned counsel for the petitioner as well as learned
Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.148/2019 of
Police Station Begu, District Chittorgarh for the offences
punishable under Sections 8/15 and 25 of NDPS Act. He has
preferred this second bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted taht as per
the prosecution story, the police have recovered 160 kgs. poppy
straw, which is above commercial quantity, from the abandoned
place, however, later on, filed charge-sheet against the petitioner
while concluding that it was the petitioner who was transporting
the said narotic contraband illegaly.
(2 of 3) [CRLMB-8987/2022]
Learned counsel for the petitioner has submitted that as per
the memo of recovery and the statement of Investigating Officer -
Virendra Singh (PW-1), the then S.I. of Police Station Begun,
District Chittorgarh that 8 bags containing poppy strawy
weighinng 160 kgs. were seized by the police and the Seizure
Officer first took 1 kgs. of poppy straw from each bag then he
mixed the said poppy stray and thereafter took two samples of 1
kgs. 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 straw for samples.
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 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
petitioner may kindly be enlarged on bail.
Learned Public Prosecutor has opposed the bail application.
(3 of 3) [CRLMB-8987/2022]
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
petitioner under Section 439 Cr.P.C.
Accordingly, this second bail application filed under Section
439 Cr.P.C. is allowed and it is directed that petitioner Dilip
Kumar S/o Udailal Harijan shall be released on bail in
connection with FIR No.148/2019 of Police Station Begu, District
Chittorgarh provided he executes 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 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.No.168
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