Rajasthan High Court
Manish @ Mani S/O Shri Lalaram vs The State Of Rajasthan ... on 2 February, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:5686]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Misc. Second Bail Application No. 494/2024
Manish @ Mani S/o Shri Lalaram, Aged About 23 Years, R/o
Raiger Mohalla, Jamwaramgarh, Police Station Jamwaramgarh,
District Jaipur Rajasthan (At Present Confined In Central Jail,
Jaipur)
----Petitioner
Versus
The State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Rajveer Singh Gurjar
For Respondent(s) : Mr. M.K. Sheoran, PP
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
Order
02/02/2024
1. This second bail application under Section 439 Cr.P.C. has
been filed on behalf of the accused-petitioner who has been
arrested in connection with FIR No.40/2023 registered at Police
Station Jamwaramgarh, District Jaipur (Rural) for offence under
Sections 8/21 & 8/22 of NDPS Act.
2. The first bail application (No.10729/2023) of the accused
petitioner was dismissed as withdrawn by this Court vide order
dated 04.11.2023 with liberty to renew the prayer of bail after
recording statement of the seizure officer. The statement of the
said witness has been recorded at trial. Hence, this second bail
application.
[2024:RJ-JP:5686] (2 of 4) [CRLMB-494/2024]
3. It is contended by learned counsel for the petitioner that the
accused petitioner has falsely been implicated in this case. He
further submits that work of drawing sample was not done in
accordance with the provisions of sub-section 2 of Section 52A of
the NDPS Act. He argues that 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. However, there is total non-compliance of this provision of
law. He further argued that inventory report of this case has been
prepared on 17.03.2023 after one month of the alleged recovery
and for this inordinate delay in preparing the inventory report, no
explanation has been given by the investigating agency. Learned
counsel places reliance upon the judgments passed in the cases of
(1) Union of India vs Mohanlal & Anr : (2016) 3 SCC 3749
and (2) Mangilal vs State of Madhya Pradesh: 2023 SCC
online SC 862.
4. Learned counsel for the petitioner has also argued that
mandatory provisions of Section 42 of the NDPS Act has also not
been followed in the instant case. Apart from that, it is argued
that no independent witness was associated during the seizure
proceedings. The petitioner does not have any criminal
antecedents under the NDPS Act. After investigation, police has
filed the charge-sheet in the matter and trial of the case will take
considerable time in its conclusion. He thus, prays that the instant
application for bail may be accepted and the petitioner may be
released on bail.
[2024:RJ-JP:5686] (3 of 4) [CRLMB-494/2024]
5. Per contra, learned Public Prosecutor vehemently and
fervently opposes the bail application. He submits that contrand
240 strips of Tramadol Capsules weighing 795.7 grams and 70
strips of Alprazolam Tablets (11 strips of 0.5mg & 59 strips of
0.25mg) weighing 66.5 grams were recovered from the
possession of the petitioner and he was arrested on the spot. The
quantity of the recovered contraband is above commercial
quantity and considering the rigour of Section 37 of the NDPS Act,
bail should not be granted.
6. I have heard and considered the submissions advanced by
counsel for the petitioner as well as learned Public Prosecutor and
perused the material available on record.
7. As per the prosecution case, prima facie, it appears that the
process of drawing samples has not been done in the presence
and under the supervision of the Magistrate which is in violation of
Section 52A of the NDPS Act. Further, there is an inordinate delay
of one month in preparing the inventory. The petitioner does not
have any similar criminal antecedents and he is in custody since
17.02.2023.
8. Section 37 of the NDPS Act does not create an absolute
embargo for grant of bail. Further, while considering an application
for grant of bail, it is not required for the Court to record positive
finding that the accused is not guilty. The only requirement of law
is that the Court would look at the material in a broad manner and
reasonably see whether the accused's guilt may be proved. The
satisfaction which courts are expected to record i.e, the accused
may not be guilty is only prima facie, based on a reasonable
[2024:RJ-JP:5686] (4 of 4) [CRLMB-494/2024]
reading, which does not call for meticulous examination of the
material collected during investigation.
9. Having regard to the totality of the facts and circumstances
of the case and considering the arguments advanced at bar,
without commenting anything on the merits of the case, I deem it
just and proper to accept the instant bail application.
10. Thus, this second bail application is allowed and it is directed
that accused petitioner - Manish @ Mani S/o Shri Lalaram,
arrested in connection with FIR No.40/2023 registered at Police
Station Jamwaramgarh, District Jaipur (Rural) 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.
11. However, it is made clear that the petitioner shall not
involve in similar offence(s) during pendency of bail granted by
this Court. The petitioner is further directed to mark his presence
in the concerned police station on first Monday of every month, till
trial is concluded. If breach of any of these conditions is reported
or come to the notice of the Court, the same shall alone be a
reason for the trial court to cancel the bail granted to the
petitioner by this Court.
(ANIL KUMAR UPMAN),J
22-Nirmala
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