Rajasthan High Court - Jodhpur
Farooq Khan vs State (2024:Rj-Jd:31682) on 1 August, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:31682]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 3317/2022
Farooq Khan S/o Abdul Khan Pathan Muslim, Aged About 35
Years, R/o Government Hospital, Bassi, Thana Bassi District
Chittorgarh (Raj.) (At Present Lodged In District Jail,
Chittorgarh)
----Petitioner
Versus
State, Through Pp
----Respondent
For Petitioner(s) : Mr. Vijay Kumar Gaur
For Respondent(s) : Mr. Shrawan Bishnoi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
01/08/2024
The petitioner has been arrested in connection with FIR
No.82/2021 registered at Police Station Bassi, District Chittorgarh
for the offence punishable under Section 8/15 of NDPS Act. He has
preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioner submits that the recovery
of contraband was made from the petitioner on 08.07.2021 and
the samples were sent for FSL on 19.07.2021, but inventory in
this case was not prepared before any Magistrate. Counsel
submits that this shows that there is clear cut violation of
provisions of Section 52(A) of NDPS Act. The petitioner is inside
the jail since 08.07.2021 and the trial of the case will take
sufficient long time to be concluded. Therefore, the benefit of bail
should be granted to the accused-petitioner. He relied upon the
judgment of the Hon'ble Supreme Court in the case of
[2024:RJ-JD:31682] (2 of 3) [CRLMB-3317/2022]
Mohammad Khalid and Anr. Vs. State of Telangana,
Criminal Appeal No.1610/2023, decided on 01.03.2024. The
relevant para is as under:
"Admittedly, no proceedings under Section 52A of the NDPS
Act were undertaken by the Investigating Officer PW-5 for
preparing an inventory and obtaining samples in presence of
the jurisdictional Magistrate. In this view of the matter, the
FSL report(Exhibit P-11) is nothing but a waste paper and
cannot be read in evidence. The accused A-3 and A-4 were
not arrested at the spot. The offence under Section 20(b)(ii)
(c) deals with production, manufacture, possession, sale,
purchase, transport, import or export of cannabis. It is not
the case of the prosecution that the accused A-3 and A-4
were found in possession of ganja. The highest case of the
prosecution which too is not substantiated by any admissible
or tangible evidence is that these two accused had conspired
sale / purchase of ganja with A-1 and A-2. The entire case of
the prosecution as against these two accused is based on the
interrogation notes A-1 and A-2".
Learned Public Prosecutor has opposed the second bail
application.
Heard learned counsel for the parties and perused the
material available on record.
Having regard to the totality of the facts and circumstances
of the case and considering the fact that the petitioner is inside
the jail since 08.07.2021, without expressing any opinion on the
merits of the case, I deem it just and proper to grant bail to the
accused petitioner under Section 439 Cr.P.C.
Accordingly, this bail application filed under Sec.439 Cr.P.C. is
allowed and it is directed that petitioner Farooq Khan S/o Abdul
Khan Pathan Muslim shall be released on bail in connection with
[2024:RJ-JD:31682] (3 of 3) [CRLMB-3317/2022]
FIR No.82/2021 registered at Police Station Bassi, District
Chittorgarh, provided he executes a personal bond in a sum of
Rs.2,00,000/- with two sound and solvent sureties of
Rs.1,00,000/- 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.
(MANOJ KUMAR GARG),J
97-MS/-
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