Harbhajan Singh vs State Of Rajasthan (2023:Rj-Jd:42495)
2023 Latest Caselaw 10467 Raj

Rajasthan High Court - Jodhpur

Harbhajan Singh vs State Of Rajasthan (2023:Rj-Jd:42495) on 6 December, 2023

Author: Praveer Bhatnagar

Bench: Praveer Bhatnagar

[2023:RJ-JD:42495]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                         JODHPUR
     S.B. Criminal Miscellaneous II Bail Application No. 15369/2023

Harbhajan Singh S/o Angrej Singh, Aged About 40 Years, R/o
Singpura, Muna, P.s. Oad Isekha, Dist. Mauga Punjab. (At
Present Lodged In Sub Jail Suratgarh).
                                                                        ----Petitioner
                                         Versus
State Of Rajasthan, Through Pp
                                                                      ----Respondent


For Petitioner(s)              :     Mr. Achala Ram
For Respondent(s)              :     Mr. Saleem Khan Mehar, PP



           HON'BLE MR. JUSTICE PRAVEER BHATNAGAR

Order

06/12/2023

1. The second bail application has been filed under Section 439

Cr.P.C. on behalf of accused-petitioner Harbhajan Singh. The

petitioner has been arrested in connection with FIR No. 198/2021

registered at Police Station Suratgarh City, District Sri Ganganagar

for the offence(s) under Sections 8/15 & 29 of the NDPS Act.

2. Learned counsel for the petitioner submits that the petitioner

has been falsely implicated in the case. PW/1- Om Prakash,

Seizure Officer in his cross examination has stated that he

collected bags marked 1, 2 & 3 on the tirpal and thereafter

conducted the detection test and found that the contraband article

was poppy straw. Learned counsel for the petitioner further

submits that in view of Netram's judgment recovery of the

contraband article has become illegal, therefore, the bail

application of the accused-petitioner may be allowed.

[2023:RJ-JD:42495] (2 of 2) [CRLMB-15369/2023]

3. Per contra, learned Public Prosecutor opposes the grant of

bail application and submits that PW/1- Om Prakash, Seizure

Officer in his cross examination not stated that all the three bags

were mixed together and then he drew the samples of the

contraband articles. He further submits that in the memo of

recovery and in the FIR it is also categorically stated that samples

were drawn from each bags, therefore, the judgment of Netram is

not applicable. In the prosecution story it is clearly stated that

samples were drawn from three bags separately. PW/1- Om

Prakash, Seizure Officer in his cross examination has not admitted

that all the contraband articles from the bags were mixed together

and then samples were drawn.

4. Looking to the commercial quantity of contraband article

containing 65 kg of poppy straw recovered from the possession of

the accused-petitioner, I am not inclined to grant benefit of bail to

the accused-petitioner.

5. Accordingly, the second bail application filed under Section

439 Cr.P.C. is dismissed.

(PRAVEER BHATNAGAR),J 33-mohit/-

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