Sampy Singh @ Sampy S/O Shri Mangha ... vs State Of Rajasthan
2022 Latest Caselaw 6070 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

 S.B. Criminal Miscellaneous 4th Bail Application No. 20883/2021

Sampy Singh @ Sampy S/o Shri Mangha Singh, Aged About 28
Years, R/o Vill. Muradpura PS Samana City Dist. Patiala Punjab
(At Present Confined In Central Jail Ajmer)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through Pp
                                                                ----Respondent

Connected With S.B. Criminal Miscellaneous 4th Bail Application No. 20882/2021 Rakesh Kumar Khatri S/o Shri Darshan Kumar, Aged About 43 Years, R/o Ward No. 14 Naba Colony PS Samana City Dist. Patiala Punjab (At Present Confined In Central Jail Ajmer)

----Petitioner Versus State Of Rajasthan, Through Its PP

----Respondent

For Petitioner(s) : Mr. Vinay Pal Yadav, Adv.

For Respondent(s)        :     Mr. Atul Sharma, PP



             HON'BLE MR. JUSTICE SAMEER JAIN

                                    Order

07/09/2022

1. The instant bail applications have been filed under

Section 439 Cr.P.C. on behalf of accused-applicants. The accused-

applicants were arrested in connection with FIR No. 124/2017

registered at Police Station Nasirabad Sadar District Ajmer for the

offence(s) under Section 8/15 of NDPS Act.

2. Learned counsel for the accused-applicants submits

that as per the seizure memo, it is an admitted fact that the seed

(2 of 3) [CRLMB-20883/2021]

was included qua the weight recovered of the contraband. He has

relied upon the Section 2(xviii) of the NDPS Act, defined as 'Poppy

Husk" which is reproduced as under:-

"poppy straw means all parts (except the seeds) of the opium poppy after harvesting whether in their original form or cut, crushed or powdered and whether or not juice has been extracted therefrom;"

He has further relied upon the judgment of the Coordinate Bench

of this Court in SB Criminal Misc. IIIrd Bail Application No.

15198/2021 titled as Manjeet Singh Vs. State of Raj.,

wherein considering the custody tenure of approximately 4 and

half years, the court has granted bail in a similar type of matter.

He has further relied upon the judgment of Hon'ble Apex Court

reported in (2022)1SCC695 titled as Ashim Vs. National

Investigation Agency, wherein it is held that a speedy trial is

imperative and the undertrials cannot indefinitely be detained

pending trial. Learned counsel has also placed reliance on the

judgment of the Coordinate Bench of this court in SB Cri. Misc.

Bail Application No. 6559/2020 titled as Ramesh Vs. State

of Raj.. Considering the tenure of the custody, learned counsel for

the accused-applicants has submitted that they are entitled for

bail.

3. Per contra, learned Public Prosecutor has vehemently

opposed the bail application and submitted that looking to the

recovered quantity of 275 kg which is more than the commercial

quantity i.e. 50 kg in the case of poppy husk. Thus, the bar

contained in Section 37 of the NDPS Act would operate and

therefore, the accused-applicant is not entitled to be enlarged on

bail.

                                                                              (3 of 3)                     [CRLMB-20883/2021]



                                   4.             We have considered the arguments                           advanced by

                                   learned counsel for the parties.

5. At the outset, the impugned substance recovered is

poppy husk and not poppy straw. Moreover, the NDPS Act of

1985, does not define poppy husk. Therefore, arguments

advanced qua Section 2(xviii) that defines poppy straw and the

inclusion of seeds, is not relevant, specially when quantity in

question is 275 kg which is five times more than commercial

quantity. On perusal of provisions of Section 15 of the NDPS Act,

it is analyzed that maximum sentence for the offence is of 20

years and the minimum sentence is of 10 years. In the case in

hand, reliance placed upon the judgments of coordinate Bench of

this court and Hon'ble Apex Court, are not applicable as per the

facts of the case. Considering the fact that provisions of NDPS Act

are special in nature and each definition has its own special

meaning, this court is not inclined to accept the argument that

poppy straw and poppy husk are not different commodities,

considering that there is recovery of commercial quantity.

Therefore, in the facts and circumstances of the case, this court is

not inclined to grant the bail applications.

6. Accordingly, the bail applications are dismissed.

(SAMEER JAIN),J

Pooja /4-5

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