Kanhaiyalal vs State Of Rajasthan
2022 Latest Caselaw 12674 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 8400/2022

Kanhaiyalal S/o Shri Heeralal, Aged About 30 Years, R/o Faredi Ps Arnod Dist. Pratapgarh Raj. (At Present Lodged In Dist. Jail Pratapgarh)

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

----Respondent

For Petitioner(s) : Mr. Vijay Kumar Gaur For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VIJAY BISHNOI

Judgment / Order

21/10/2022

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.155/2019 of

Police Station Arnod District Pratapgarh for the offences

punishable under Sections 8/15, 25 of NDPS Act. He has preferred

this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that from

the seizure memo as well as the statements of Seizure Officer

(PW-6), it is clear that no separate samples from each bag

containing total 80 kgs of poppy straw were collected by the

police. It is submitted that as per the prosecution story, the

petitioner was found transporting around 80 kgs of poppy straw in

a vehicle and the said poppy straw was filled in four bags. It is

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also submitted that as per the established procedure, the Seizure

Officer was required to take out separate samples from each bag,

whereas as the recovery memo and evidence of the Seizure

Officer, it is clear that he first took 500 grams of poppy straw from

each bag; mixed the same and thereafter took two samples of one

kg 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 small

quantity of poppy husk 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/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 application.

Having regard to the totality of the facts and circumstances

of the case, without expressing any opinion on the merits of the

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case, I deem it just and proper to grant bail to the accused

petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439

Cr.P.C. is allowed and it is directed that petitioner Kanhaiyalal S/o

Shri Heeralal shall be released on bail in connection with FIR

No.155/2019 of Police Station Arnod District Pratapgarh provided

he executes a personal bond in a 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 Surabhii/71-

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