Rajasthan High Court - Jodhpur
Sumer Singh vs State Of Rajasthan ... on 18 May, 2023
Bench: Vijay Bishnoi
[2023/RJJD/016141]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 11864/2022
Sumer Singh S/o Dashrath Singh, Aged About 33 Years, R/o
Titriya Ps Kekdi Dist. Ajmer At Present R/o 337 Rajpath
Ramnagar Sodala Jaipur Dist. Jaipur Raj. (At Present Lodged In
Dist. Jail Rajsamand)
----Petitioner
Versus
State Of Rajasthan through PP
----Respondent
For Petitioner(s) : Mr. Chandrasen Rathore
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Order
18/05/2023
Heard learned counsel for the parties and also perused the
material on record.
The petitioner has been arrested in FIR No.459/2018 of
Police Station Bhim, District Rajsamand for the offences
punishable under Sections 8/15 and 8/25 of the NDPS Act. He has
preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner has submitted that as per
the prosecution story, 450 kgs of poppy straw stuffed in 20 bags
were recovered at the instance of the petitioner on 15.10.2020. It
is further submitted that from the recovery memo, it is clear that
the police has taken out separate samples from each bags and two
samples were taken out after mixing the whole narcotic
contraband. It is also submitted that statement of Seizure Officer
namely Labhu Ram (PW-2) has been recorded before the trial
[2023/RJJD/016141] (2 of 3) [CRLMB-11864/2022]
court on 16.08.2022 and from those statement also, it is clear
that separate samples were taken out from each bag.
Learned counsel has submitted that it is clear from the
statement of Labhu Ram (PW-2), the then S.I. of Police Station
Bhim, District Rajsamand that narcotic contraband poppy husk
was recovered from 20 bags and thereafter the same was mixed
on a tarpaulin and the total weight of the recovered narcotic
contraband comes to 450 kgs. The Seizure Officer 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 Seizure Officer has not stated
that the test by the U.N. Kit was carried out on each bag before
taking some 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 petitioner may kindly be enlarged on bail.
[2023/RJJD/016141] (3 of 3) [CRLMB-11864/2022]
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, this Court is inclined to grant bail to the
petitioner under Section 439 Cr.P.C.
Learned Public Prosecutor has opposed the bail application.
Having regard to the totality of the facts and circumstances
of the case, 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 bail application filed under Section 439 Cr.P.C. is
allowed and it is directed that petitioner Sumer Singh S/o
Dashrath Singh shall be released on bail in connection with FIR
No.459/2018 of Police Station Bhim, District Rajsamand provided
he executes a personal bond in a 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.
(VIJAY BISHNOI),J
11-Arun/-
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