Rajasthan High Court - Jodhpur
Jasveersingh vs State Of Rajasthan (2024:Rj-Jd:24265) on 28 May, 2024
Author: Kuldeep Mathur
Bench: Kuldeep Mathur
[2024:RJ-JD:24265]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 13634/2023
Jasveersingh S/o Jaspalsingh, Aged About 38 Years, R/o Nichli
Sandholi, Dist. Solan, (Himachal Pradesh) (At Present Lodged In
Dist. Jail, Churu)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Shaitan Singh Kheechar
For Respondent(s) : Mr. Arun Kumar, PP
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
28/05/2024
This application for bail under Section 439 Cr.P.C. has been
filed by the petitioner who has been arrested in connection with
FIR No.05/2022 registered at Police Station Dudhwakhara, District
Churu, for offences under Sections 8/15 and 29 of the NDPS Act.
Heard learned counsel for the petitioner and learned Public
Prosecutor. Perused the material available on record.
Learned counsel for the petitioner submitted that as per the
prosecutions contraband (poppy husk/straw) weighing 150 kgs
was recovered from the conscious / constructive possession of the
present petitioner. Drawing attention of thecourt towards the
statements of the Seizure Officer Radhayshyam (PW-2), learned
counsel submitted that the contraband recovered from the truck
container having registration number HP 12 H 9223 was mixed
together before sending the same to FSL for examination. Learned
[2024:RJ-JD:24265] (2 of 3) [CRLMB-13634/2023]
counsel submitted that the sample collected from the contraband
recovered in different sacks was mixed together and send to FSL
for examination the entire proceedings are in volition of the
standing instruction Nos.1/88 and 1/89 of the NCB, New Delhi and
judgment of the coordinate Bench of this court in the case of
Netram Vs. State of Rajasthan (S.B. Criminal Appeal
No.673/2008) decided on 18.10.2023.
Lastly, learned counsel submitted that the petitioner is in
judicial custody since 09.01.2022 and till date out of 12 cited
prosecution witnesses, statements of only 7 prosecution witnesses
have been recorded before the competent criminal court and the
trial of the case will take sufficiently long time, therefore, the
benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has opposed the bail
application and submitted that since the contraband was
recovered from the conscious / constructive possession of the
present petitioner, he does not deserve to be enlarged on bail.
The relevant portion of the statements of the Seizure Officer-
Radhayshyam (PW-2) is reproduced herein below for ready
reference.
"tks lsEiy o dUVªksy lsEiy ysuk crk jgk gqW oks eSus feykdj
fy, FksA eq>s irk ugh fd fnukad 09-01-2022 dks dUVsuj uEcj ,pih
12,p 9223 fcydqy lhYM Fkk ;k ughaA eSa ugh crk ldrk fd nokbZ dh
nokbZ;ks ds ifjogu ds le; xkM+h dks lhYM djds Hkstk tkrk gksA eSaus
dUVsuj dks [kksyus dh fLFkfr dh vyx ls dksbZ QnZ ugha cuk;h uk gh
dksbZ tCrh cuk;hA ge eqyftekuksa us vkil esa tkek&ryk"kh djok;h Fkh
mlesa D;k&D;k feyk ;g eS ugh crk ldrk ij dksbZ vkifrtud oLrq
ugh feyh FkhA eSus Lo;a dh o vU; eqyftekuksa dh ryk"kh eqyftekuks ds
}kjk djok;h Fkh ij gekjh ljdkjh okgu dh ryk"kh ugh djok;hA "
[2024:RJ-JD:24265] (3 of 3) [CRLMB-13634/2023]
Having considered the rival submissions, facts and
circumstances of the case, so also the judgment relied upon by
the learned counsel for the petitioner in the case of Netram Vs.
State of Rajasthan (S.B. Criminal Appeal No.673/2008)
decided on 18.10.2023, therefore, without expressing any
opinion on merits/demerits of the case, this Court is inclined to
enlarge the petitioner on bail.
Consequently, the bail application under Section 439 Cr.P.C.
is allowed. It is ordered that the accused-petitioner Jasveersingh
S/o Jaspalsingh, arrested in connection with FIR No.05/2022
registered at Police Station Dudhwakhara, District Churu, shall be
released on bail, if not wanted in any other case, provided he
furnishes a personal bond of Rs.1,00,000/- and two sureties of
Rs.50,000/- each, to the satisfaction of learned trial court, for his
appearance before that court on each & every date of hearing and
whenever called upon to do so till completion of the trial.
(KULDEEP MATHUR),J
26-Hanuman/-
Powered by TCPDF (www.tcpdf.org)
