Pappuram vs State Of Rajasthan ...
2023 Latest Caselaw 5296 Raj

[2023/RJJD/017471]

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
  S.B. Criminal Miscellaneous IV Bail Application No. 3856/2023

Pappuram S/o Surjaram, Aged About 25 Years, R/o Bhimsagar
P.s. Lohawat Dist. Jodhpur.
(Presently Lodged In Sub Jail, Phalodi).
                                                                   ----Petitioner
                                    Versus
State Of Rajasthan, Through Pp
                                                                 ----Respondent


For Petitioner(s)         :     Mr.B.R.Godara.
For Respondent(s)         :     Mr.S.K.Bhati, P.P.



            HON'BLE MR. JUSTICE KULDEEP MATHUR

                                    ORDER

25/05/2023 This fourth application for bail under Section 439 Cr.P.C. has

been filed by the petitioner who has been arrested in connection

with FIR No.218/2019 registered at Police Station Lohawat,

District Jodhpur Rural, for offence under Section 8/15 of the NDPS

Act.

Learned counsel for the petitioner submitted that the

petitioner has been falsely implicated in the present case. Learned

counsel submitted that on 4.9.2019, contraband greater than

commercial quantity was recovered during police interception.

Learned counsel submitted that contraband (poppy husk/straw)

was recovered from 124 sacks. Representative sample was

collected from each sack by mixing them for further investigation

and testing. Learned counsel submitted that since representative

samples were mixed together to make one single mixture which

[2023/RJJD/017471] (2 of 3) [CRLMB-3856/2023]

was sent for testing, it cannot be said with certainty that whether

each sack contained alleged contraband or not.

Learned counsel submitted that the third bail application filed

on behalf of present petitioner was withdrawn by him on

24.11.2021 with liberty to file a fresh after recording the

statement of seizure officer. Drawing attention of the court

towards the statement of Dilip Kumar Khadav (P.W.2) Seizure

Officer, learned counsel submitted that collection of sample was

not proper and in violation of the judgment rendered by the

coordinate Bench of this Court in the case of Netram Vs. State of

Rajasthan reported in 2014 (1) Cr.LR. (Raj.) 163 as well as

the Standing Order No.1/1988-89 issued by the Govt. Of India

under Section 58A of the NDPS Act.

The relevant portion of the statement of Dilip Kumar Khadav

(P.W.2) Seizure Officer is reproduced hereinbelow:

"bl rjg dqy 124 dVVks es 24 DohaVy 80 fdyksxzke voS/k MksMk iksLr iiwjke ds dCts ds Vªsyj ls ik;k x;kA rkckn dsUnzh; x`g ea=ky; ,oa ukdksZfVDl foHkkx ds fn"kkfunsZ"kkuqlkj 10&10 dVVks ds cafpax cuk;s x;sA bl izdkj dqy 13 cafpax cuk;s tkdj izR;sd cafpax ds MksMk iksLr dks frjiky ij [kkyh djds feDl fd;k x;k rFkk izR;sd cafpax ls ,d&,d fdyks uewuk lSEiy o ,d&,d fdyks dUVªksy lSEiy fudkykA fudkydj diMs dh FkSyh esa Mkydj fly eksgj fd;k rFkk uewuk lSEiy ij , 1 ls , 13 rFkk dUVªksy lSEiy ij ch 1 ls ch 13 vafdr fd;k rFkk "ks'k cps voS/k MksMk iksLr ds lHkh 124 dVVks ij lh 1 ls lh 124 ekdZ vafdr fd;k x;k rFkk fly eksgj fd;k x;kA ftldh i`Fkd ls uewuk fly eqfrZc dh x;hA"

Learned counsel submitted that the petitioner is in judicial

custody, challan has been filed and the trial of the case will take

sufficiently long time, therefore, the benefit of bail should be

granted to the accused-petitioner.

[2023/RJJD/017471] (3 of 3) [CRLMB-3856/2023]

Per contra, learned Public Prosecutor opposed the bail

application. However, he was not in a position to dispute the fact

that after collecting separate samples, the same were mixed

together and sent for testing as one admixture.

Heard learned counsel for the petitioner and learned Public

Prosecutor. Perused the material available on record.

Having considered the rival submissions, facts and

circumstances of the case, this Court is of the view that twin

conditions contained in Section 37 of the NDPS Act are duly

satisfied. Thus, without expressing any opinion on merits/demerits

of the case, this Court is inclined to enlarge the petitioner on bail.

Accordingly, the fourth bail application under Section 439

Cr.P.C. is allowed and it is ordered that the accused-petitioner-

Pappuram S/o Surjaram shall be enlarged on bail in connection

with FIR No.218/2019 registered at Police Station Lohawat,

District Jodhpur Rural, provided he 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 his appearance

before the court concerned on all the dates of hearing as and

when called upon to so.

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.

(KULDEEP MATHUR),J /tarun goyal/ Sr.No.44

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