Narpat Singh vs State Of Rajasthan ...
2023 Latest Caselaw 5064 Raj

[2023/RJJD/016864]

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                            JODHPUR
    S.B. Criminal Miscellaneous Bail Application No. 3912/2023

Narpat Singh S/o Khangar Singh, Aged About 39 Years, B/c
Rajput R/o Vill. Khirja Aasha PS Shergarh Dist. Jodhpur Raj.
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent
                              Connected With
     S.B. Criminal Miscellaneous Bail Application No. 260/2023
Meh Ram Mehra Ram S/o Sh. Shwa Ram, Aged About 45 Years,
Dheera, P.s. Siwana, Dist. Barmer.
(Presently Lodged In Central Jail, Jodhpur).
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent
    S.B. Criminal Miscellaneous Bail Application No. 3914/2023
Durag Singh @ Raju Singh S/o Hari Singh, Aged About 35 Years,
R/o Vill. Khinyasriya Ps Dechu Dist. Jodhpur
(At Present Lodged In Central Jail Jodhpur)
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent



For Petitioner(s)         :     Mr.Praveen Dayal Dave,
                                Mr.Bhagat Dadhich,
                                Mr.Divakar Sharma.
For Respondent(s)         :     Mr.Shrawan Kumar, P.P. with
                                Mr.Kamla Goswami.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                    ORDER

23/05/2023 These three applications for bail under Section 439 Cr.P.C.

have been filed by the petitioners who have been arrested in

connection with FIR No.174/2021 registered at Police Station

[2023/RJJD/016864] (2 of 4) [CRLMB-3912/2023]

Basni, District Jodhpur City (West), for offence under Section 8/15

of the NDPS Act.

Learned counsel for the petitioner submitted that as per

prosecution, on 28.11.2022, the police conducted a raid at the

godown of petitioner Durag Singh and recovered contraband

(poppy husk/straw) weighing 1672 kgs from 84 sacks/bags.

Drawing attention of the Court towards the statements of seizure

officer Pana Choudhary (P.W.1) recorded before competent

criminal court, learned counsel submitted that a 100 gms sample

collected from 84 sacks/bags was mixed in one bag/packet.

Learned counsel submitted that in view of aforesaid admission of

seizure officer, it is apparent that samples collected from each

sack/bag were not kept separately.

Learned counsel further submitted that coordinate Bench of

this Court in the case of Netram Vs. State of Rajasthan

reported in 2014 (1) Cr.LR. (Raj.) 163 has held that if samples

from each bag containing contraband have not been collected

seperately 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 of sample, then, the same is not in

conformity with the Standing Instructions No.1/88 issued by the

Narcotic 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 and above. It is

thus, prayed that the petitioners may be enlarged on bail.

Learned Public Prosecutor has opposed the bail application.

However, he was not in a position to refute the aforesaid

[2023/RJJD/016864] (3 of 4) [CRLMB-3912/2023]

argument with regard to mixing of contraband recovered from 84

different sacks/bags recovered from the godown of the petitioner

Durag Singh.

Having considered the rival submissions, facts and

circumstances of the case so also the statement and cross-

examination of seizure officer (P.W.1), this Court prima-facie finds

that the seizure officer has not followed the Standing Order

No.1/88 dated 15.3.1988 issued by the NCB New Delhi and the

judgment rendered by this Court in the case of Netram (supra).

In view of aforesaid discussion, the rigours of Section 37 of

the NDPS Act are duly satisfied. Hence, without expressing any

opinion on the merit/demerits of the case, this Court is inclined to

enlarge the petitioners on bail.

It is however, made clear that findings recorded/observations

made above are for limited purposes of adjudication of bail

application. The trial court shall not get prejudiced by the same.

Accordingly, the bail applications under Section 439 Cr.P.C.

are allowed and it is ordered that the accused-petitioners- (i)

Narpat Singh S/o Khangar Singh, (ii) Meh Ram Mehra Ram

S/o Sh. Shwa Ram and (iii) Durag Singh @ Raju Singh S/o

Hari Singh respectively hall be enlarged on bail in connection

with FIR No.174/2021 registered at Police Station Basni, District

Jodhpur City (West), provided each of them furnishes a personal

bond in the sum of Rs.1,00,000/- with two sureties of Rs.50,000/-

each to the satisfaction of the learned trial Judge for their

appearance before the court concerned on all the dates of hearing

as and when called upon to do so.

[2023/RJJD/016864] (4 of 4) [CRLMB-3912/2023]

A copy of this order be placed in each file.

(KULDEEP MATHUR),J /tarun goyal/

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