Rajasthan High Court - Jodhpur
Ramesh Vishnoi vs State Of Rajasthan ... on 19 April, 2023
Bench: Kuldeep Mathur
[2023/RJJD/010940]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 592/2023
Ramesh Vishnoi S/o Mangna Ram, Aged About 42 Years, R/o
Chidi Motai, Police Station Chakhu, At Present Indra Colony,
Phalodi, District Jodhpur. (At Present Lodged In Central Jail,
Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 15591/2022
Ladusingh S/o Shri Fatehsingh, Aged About 37 Years, R/o Netda
Ps Karwad Dist. Jodhpur (At Present Lodged In Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr.Ashok Bishnoi,
Mr.Sunil Kumar.
For Respondent(s) : Mr.Shiv Kumar Bhati, P.P.
With : Mr.Vikram Singh, I.O.
HON'BLE MR. JUSTICE KULDEEP MATHUR
ORDER
19/04/2023
These two applications for bail under Section 439 Cr.P.C.
have been filed by the petitioners who have been arrested in
connection with FIR No.158/2020 registered at Police Station Naal,
District Bikaner, for offences under Sections 8/15, 29 of the NDPS
Act.
[2023/RJJD/010940] (2 of 3) [CRLMB-592/2023]
Heard learned counsel for the petitioners and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioners submitted that as per
prosecution, contraband poppy straw was recovered from the
petitioners in 124 bags weighing 24 Quintals, 27 kg. & 700 gms.
Learned counsel submitted that it is an admitted case that
contraband recovered from these 124 bags was mixed in four bags
and thereafter, the same was sent for FSL. Learned counsel
submitted that the entire action of the Seizure Officer in view of
aforesaid is contrary to the Standing Order No.1/88 dated
15.3.1988 of the NCB, New Delhi and the judgment rendered by
this Court in the case of Netram Vs. State of Rajasthan reported in
(2014)1 Cr.L.R. (Raj.) 163. Learned counsel thus implored the
Court to accept the bail applications of the petitioners.
Per contra, learned Public Prosecutor and the Investigating
Officer Shri Vikram Singh (C.I. S.H.O. P.S. Naal, Bikaner) opposed
the bail applications. However, they were not in a position to
refute the aforesaid factual position.
Having considered the rival submissions, facts and
circumstances of the case so also charge-sheet, in the considered
opinion of this Court, prima-facie, the action of the Seizure Officer
was not in conformity with the Standing Order No.1/88 dated
15.3.1988 of the NCB, New Delhi and the judgment rendered by
this Court in the case of Netram (supra). The rigors of Section 37
of the NDPS Act are duly satisfied, hence, without expressing any
opinion on merits/demerits of the case, this Court deems it just
and proper to enlarge the petitioners on bail.
[2023/RJJD/010940] (3 of 3) [CRLMB-592/2023]
Accordingly, the bail applications under Section 439 Cr.P.C.
are allowed and it is ordered that the accused-petitioners (1)
Ramesh Vishnoi S/o Mangna Ram & (2) Ladusingh S/o Shri
Fatehsingh shall be enlarged on bail in connection with FIR
No.158/2020 registered at Police Station Naal, District Bikaner,
provided each of them furnishes a personal bond in the sum of
Rs.1,00,000/- with two sureties of Rs.50,000/- each to the
satisfaction of the learned trial Judge for his appearance before
the court concerned on all the dates of hearing as and when called
upon to do so.
A copy of this order be placed in each file.
(KULDEEP MATHUR),J
/tarun goyal/
Sr.No.25-26
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