Malua S/O Sh. Hori Lal vs State Of Rajasthan
2023 Latest Caselaw 4562 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

     S.B. Criminal Miscellaneous Bail Application No. 743/2023

Malua S/o Sh. Hori Lal, Aged About 38 Years, R/o Village Aagadi,
Police Station Sadar, Karauli District Karauli (Raj.) ( At Present
Confined In Districtjail Sawai Madhopur)
                                                                  ----Petitioner
                                   Versus
State Of Rajasthan, Through P.p.
                                                                ----Respondent

For Petitioner(s) : Mr. Rinesh Kumar Gupta Mr. Anoop Meena Mr. Gaurav Sharma For Respondent(s) : Mr. Ghanshyam Singh Rathore, GA-cum-AAG, through VC Mr. Riyasat Ali, PP

HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

Order

04/09/2023

1. The instant bail application has been filed under Section 439

of Cr.P.C. on behalf of the petitioner, who has been arrested in

connection with FIR No.101/2022 registered at Police Station

G.R.P. Thana, District Sawai Madhopur for the offence under

Section 8/21 of NDPS Act.

2. It is contended by learned counsel for the petitioner that the

accused-petitioner has falsely been implicated in this case. He

further contends that there has been total non-compliance of

Section 52-A of the NDPS Act, according to which, the process of

drawing of samples has to be in the presence and under the

supervision of the Magistrate and the entire exercise has to be

certified by him to be correct. Learned counsel has relied upon the

(2 of 2) [CRLMB-743/2023]

judgment of the Hon'ble Apex Court rendered in the case of

Simarnjit Singh Vs. State of Punjab; Criminal Appeal

No.1443/2023, decided on 09.05.2023. He submits that petitioner

is in jail and trial of the case will take long time in its conclusion.

3. Learned Public Prosecutor has opposed the bail application.

4. I have considered the contentions.

5. Having regard to the totality of the facts and circumstances

of the case; considering the arguments advanced by learned

counsel for the petitioner, especially the facts that there has been

total non-compliance of Section 52-A of the NDPS Act and trial of

the case will take long time in its conclusion, but without

commenting anything on the merits/demerits of the case, I deem

it proper to allow the bail application.

6. This bail application is accordingly allowed and it is directed

that accused-petitioner - Malua S/o Sh. Hori Lal shall be

released on bail provided he furnishes a personal bond in the sum

of Rs.50,000/- (Rupees Fifty Thousand Only) together with two

sureties in the sum of Rs.25,000/- (Rupees Twenty Five Thousand

Only) each to the satisfaction of the learned Trial Court with the

stipulation that he shall appear before that Court and any court to

which the matter is transferred, on all subsequent dates of hearing

and as and when called upon to do so.

(ANIL KUMAR UPMAN),J

27-Nirmala

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