Rajasthan High Court - Jodhpur
Narendra Kumar vs State Of Rajasthan ... on 17 March, 2023
Bench: Vijay Bishnoi
[2023/RJJD/006798]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Second Bail Application No. 2776/2023
Narendra Kumar S/o Ranjeetram Vishnoi, Aged About 50 Years,
R/o Vishnoiyo Ka Bas Khetolai Thana Lathi, District Jaisalmer
(Raj.).
(Presently lodged in District Jail, Chittorgarh).
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner : Mr. Ram Narayan - nephew of petitioner
Ms. Ravina - daughter of petitioner
For Respondent : Mr. S.K. Bhati, Public Prosecutor
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
17/03/2023
Heard Mr. Ram Narayan and Ms. Ravina, nephew and
daughter of the petitioner respectively present in person, as well
as learned Public Prosecutor and also perused the material on
record.
The petitioner has been arrested in FIR No.8/2018 of Police
Station Bhesrodagarh, District Chittorgarh for the offences
punishable under Section 8/15 NDPS Act. He has preferred this
second bail application under Section 439 Cr.P.C.
Mr. Ram Narayan and Ms. Ravina, nephew and daughter of
the petitioner respectively present in person, have submitted that
the petitioenr is in custody from the date of incident i.e.
18.01.2018. It is also submitted that as per the prosecution story,
the police have recovered 5176.190 kgs. of poppy straw from a
[2023/RJJD/006798] (2 of 4) [CRLMB-2776/2023]
truck, which was dirven by the petitoner, and out of those poppy
straw, 3858.400 kgs. of poppy straw was stuffed in 174 bags
whereas 1317.790 kgs. of poppy straw was found scatterd in the
truck. It is further submitted that the Seizure Officer has prepared
a recovery memo, in which, it is mentioned that out of thouse 174
bags, 100 gms. of poppy straw were taken out from each bag then
mixed the same and thereafter sampes were taken out from those
mixture. It also mentioned that from the scattered poppy straw,
one sample was taken out.
Mr. Ram Narayan and Ms. Ravina, nephew and daughter of
the petitioner respectively present in person, have submitted that
after rejection of first bail application of the petitioner by this
Court on 05.08.2019, the statements of Seziure Officer - Bhanwar
Singh Rathore have been recorded before the trial court as PW-4
on 19.09.2019 and thereafter on 23.09.2019 and from those
statements it is clear that 174 bags containing poppy straw were
seized by the police and the Seizure Officer first took 100 gms of
poppy straw from each bag then he mixed the said poppy straw
and thereafter took samples of 500 gms 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 S.O. has not
stated that the test by the U.N. Kit was carried out on each bag
before taking small quantity of poppy straw for samples.
Mr. Ram Narayan and Ms. Ravina, nephew and daughter of
the petitioner respectively present in person, 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
[2023/RJJD/006798] (3 of 4) [CRLMB-2776/2023]
have 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 petitioner may kindly be enlarged on bail.
Learned Public Prosecutor has opposed the bail application.
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 - Narendra
Kumar S/o Ranjeetram Vishnoi shall be released on bail in
connection with FIR No.8/2018 of Police Station Bhesrodagarh,
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
[2023/RJJD/006798] (4 of 4) [CRLMB-2776/2023]
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.12
Powered by TCPDF (www.tcpdf.org)
