Anil vs State Of Rajasthan
2023 Latest Caselaw 4147 Raj

Citation : 2023 Latest Caselaw 4147 Raj
Judgement Date : 5 May, 2023

Rajasthan High Court - Jodhpur

Anil vs State Of Rajasthan on 5 May, 2023

Bench: Kuldeep Mathur

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Miscellaneous Bail Application No. 3957/2023

Anil S/o Baburam Vishnoi, Aged About 26 Years, R/o Ranisar Tehsil Phalodi Dist. Jodhpur (At Present Lodged In Dist. Jail Chittorgarh)

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

----Respondent

For Petitioner(s) : Mr. BR Godara For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

05/05/2023

This application for bail under Section 439 Cr.P.C. has been filed

by the petitioner who has been arrested in connection with F.I.R. No.

174/2018 P.S. Thana Sadar Nimbaheda District Chittorgarh, for the

offences punishable under Sections 8/15 and 8/25 of NDPS Act.

Learned counsel for the petitioner submits the petitioner has

been implicated in the present case on the basis of the information

supplied by the co-accused Manjeet and Bhagchand under Section

27 of Indian Evidence Act. Learned counsel for the petitioner

submits that there is no direct or corroboratory evidence available on

record to connect him with the alleged crime except the disclosure

statement of co accused Manjeet and Bhagchand. Learned counsel

further submits that co-accused Manjeet and Bhagchand have

already been enlarged on bail by the Coordinate Bench of this Court

(2 of 4) [CRLMB-3957/2023]

vide order dated 20.5.2019. For ready reference order passed by

the Coordinate Bench of this Court is reproduced below:

"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.174/2018 of Police Station Sadar, Nimbahera for the offences punishable under Sections 8/15 NDPS Act. He has preferred this second bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that it is clear from the statement of Sanjay Sharma (PW-3), the then SHO of Police Station Sadar Nimbahera that 45 bags containing poppy husk weighing 8 quintal 88 kgs. and 800 gms. were recovered and the Seizure Officer first marked the said bags as '1 to 45' then took 100 gms of poppy husk each from bag Nos. 1 to 43 and mixed the same, thereafter took two 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 I.O. 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 applications.

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

(3 of 4) [CRLMB-3957/2023]

is likely to take time, this Court is inclined to grant bail to the petitioner.

Accordingly, these second bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners- 1. Manjeetsingh S/o Ramakishan & 2. Bhagchand S/o Sh. Nathram Ji shall be released on bail in connection with FIR No.174/2018 of Police Station Sadar, Nimbahera 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 appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial."

Learned counsel further submits that the petitioner is in judicial

custody and the trial of the case will take sufficiently long time,

therefore, the benefit of bail should be granted to the accused-

petitioner.

Learned Public Prosecutor has opposed the bail application.

Having considered the rival submissions, facts and

circumstances of the case and also the fact that the co accused

persons have already been enlarged on bail by the Coordinate Bench

of this Court, without expressing any opinion on merits/demerits of

the case, this Court is of the opinion that the bail application filed by

the petitioner deserves to be accepted.

Consequently, the bail application under Section 439 Cr.P.C. is