Rajasthan High Court - Jodhpur
Gurpreet Singh vs State Of Rajasthan ... on 26 September, 2023
Bench: Dinesh Mehta
[2023:RJ-JD:31641]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous 2nd Bail Application No. 9849/2023
Gurpreet Singh S/o Raghuveer Singh, Aged About 28 Years, R/o
Jagmakwali Kalawali Ps Dist. Sirsa Haryana
(Lodged In Central Jail Bikaner)
----Petitioner
Versus
State Of Rajasthan
----Respondent
For Petitioner(s) : Mr. B. Ray Bishnoi
For Respondent(s) : Mr. S.K. Bhati, Public Prosecutor
JUSTICE DINESH MEHTA
Order
26/09/2023
1. This second application for bail has been filed by the
applicant under Section 439 of the Code of Criminal Procedure,
1973, in connection with FIR No.170/2019, registered at Police
Station Chhatargarh, District Bikaner, for the offences under
sections 8/15 & 29 of the Narcotic Drugs and Psychotropic
Substances Act, 1985.
2. The first bail application filed by the applicant was rejected
by this Court vide order dated 01.11.2022, passed in S.B. Criminal
Misc. Bail Application No.99/2022.
3. Mr. B. Ray Bishnoi, learned counsel for the applicant argued
that when the sample was drawn by the Seizure Officer, mandate
of circular No.01/1998 dated 15.08.1998, issued by the Narcotics
Unit, New Delhi so also the judgment of this Court in the case of
Net Ram Vs. State of Rajasthan, reported in 2014(1) Cr.L.R.
[2023:RJ-JD:31641] (2 of 4) [CRLMB-9849/2023]
(Raj.) 163 was not followed and hence, the applicant is likely to be
acquitted. It was alternatively argued that even if applicant is
ultimately found to have contraband substance in his possession,
he cannot be convicted for the entire quantity recovered. He
submitted that in the worst case scenario the applicant will be
convicted for 20 kg substance, which is less than the commercial
quantity.
4. Mr. Bishnoi further submitted that the trial is continuing for
about four years and out of 15 prosecution witnesses, none of the
witnesses has so far been examined and argued that such delay is
resulting in denial of applicant's right to fair and speedy trial and,
therefore, the applicant be enlarged on bail.
5. Mr. S.K. Bhati, learned Public Prosecutor on the other hand
vehemently opposed this bail application and submitted that
applicant's contention regarding non-observance of the provisions
of the circular No.1/1998, dated 15.08.1998, issued by the
Narcotics Unit, New Delhi is untenable and, the applicant cannot
be extended the benefit of bail, because such issue is subject
matter of trial.
6. Learned Public Prosecutor further submitted that true it is
that for a considerable period, the evidence in applicant's case
could not be recorded, but now statement of one witness is being
recorded before the learned Trial Court.
7. He submitted that simply because of prolonged trial, the
applicant be not enlarged on bail given that the allegation of
possessing 130 kg Poppy Straw (Doda Post), which was allegedly
recovered from applicant's conscious possession.
[2023:RJ-JD:31641] (3 of 4) [CRLMB-9849/2023]
8. Heard learned counsel for the applicant and learned Public
Prosecutor. Perused the material available on record.
9. So far as drawing of sample contrary to the circular
No.1/1998, dated 15.08.1998, issued by the Narcotics Unit, New
Delhi is concerned, this Court is of the view that the same can be
examined and considered by the trial Court while finally deciding
the case, but considering the argument advanced by learned
counsel for the applicant that on account of prosecution's own
lapse, applicant's right of fair and speedily trial has been violated
and also considering that out of total 15 prosecution witnesses;
nobody has turned up in the witnesses box, this Court is
persuaded to grant indulgence to the applicant.
10. Having heard the learned counsel for the parties and
considering that the present applicant is behind the bars for the
last four years and also because no witness out of 15 prosecution
witnesses have so far been examined and in the light of judgment
of Hon'ble Supreme Court in the case of Rabi Prakash (supra) and
Mohd. Muslim @ Hussain vs. State (NCT of Delhi) reported in
2023 SCC Online SC 352, this Court is inclined to accept the bail
application filed by the applicant.
11. It is ordered that applicant Gurpreet Singh S/o Raghuveer
Singh, arrested in connection with FIR No.170/2019, registered at
Police Station Chhatargarh, District Bikaner, shall be released on
bail; provided he executes personal bond in the sum of
Rs.1,00,000/- and two sureties of Rs.50,000/- each to the
satisfaction of the learned trial Court. Applicant shall be required
[2023:RJ-JD:31641] (4 of 4) [CRLMB-9849/2023]
to appear before the trial Court on all dates of hearing as and
when called upon to do so.
12. Needless to state that the observation made herein is a
prima-facie view of the Court relevant for the purpose of bail
application. The trial Court shall take its independent view of the
matter on the basis of oral and ocular evidence on record, without
being influenced by whatever has been noticed above.
(DINESH MEHTA),J
687-Ramesh/-
Powered by TCPDF (www.tcpdf.org)
