Rajasthan High Court - Jodhpur
Rajesh @ Raju Fauji vs State Of Rajasthan ... on 19 May, 2023
Bench: Kuldeep Mathur
[2023/RJJD/016544]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 4719/2023
Rajesh @ Raju Fauji S/o Sh. Karnaram Bishnoi, Aged About 37
Years, B/c Bishnoi, R/o Vill. Doli Kallan, Ps Kalyanpur, Dist.
Barmer, Raj. (Presently Confined In High Security Jail,
Goograghati, Ajmer).
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Sanjay Bishnoi.
For Respondent(s) : Mr. S.K. Bhati, PP.
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
19/05/2023
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.92/2018 registered at Police Station Khedapa, District
Jodhpur, for offences under Sections 8/15 and 29 of the NDPS Act.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that co-accused
Mahendra and Vinod (S.B. Cr. Misc. Bail Application
No.12291/2019) have already been enlarged on bail by a
coordinate Bench of this Court vide order dated 14.10.2019.
The order dated 14.10.2019 is reproduced herein below for
ready reference:
"Heard learned counsel for the petitioner as well as learned
Public Prosecutor and also perused the material on record.
[2023/RJJD/016544] (2 of 3) [CRLMB-4719/2023]
The petitioner has been arrested in FIR No.92/2018 of Police
Station Kherapa, District Jodhpur for the offences punishable
under Sections 8/15 of the 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 Seizure Officer Omprakash (PW-1),
the then SHO of Police Station, Kherapa, Jodhpur that 113 plastic
bags containing poppy husk weighing 23 quintal and 65 kgs. were
recovered and the Seizure Officer first took 1 kg. poppy husk from
each bag and mixed the same on a tarpaulin and thereafter took
two sampels of 1 kg. 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 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 is likely
to take time, this Court is inclined to grant bail to the petitioner.
Accordingly, this third bail application filed under Section
439 Cr.P.C. is allowed and it is directed that petitioners Mahendra
S/o Ghewarram and Vinod S/o Surja Ram shall be released on bail
in connection with FIR No.92/2018 of Police Station Kherapa,
District Jodhpur 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 submitted that the case of the present
petitioner is not distinguishable from that of co-accused Mahendra
and Vinod. Learned counsel submitted that the petitioner is in judicial
[2023/RJJD/016544] (3 of 3) [CRLMB-4719/2023]
custody and the trial of the case will take sufficiently long time,
therefore, the benefit of bail should be granted to the accused-
petitioner.
Per contra, learned Public Prosecutor has vehemently
opposed the bail application.
Having considered the rival submissions, facts and
circumstances of the case, 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 allowed. It is ordered that the accused-petitioner Rajesh @
Raju Fauji S/o Sh. Karnaram Bishnoi arrested in connection
with F.I.R. No.92/2018 registered at Police Station Khedapa,
District Jodhpur, shall be released on bail, if not wanted in any
other case, provided he furnishes a personal bond of
Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the
satisfaction of learned trial court, for his appearance before that
court on each & every date of hearing and whenever called upon
to do so till completion of the trial.
(KULDEEP MATHUR),J
152-Tikam/-
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