Rajasthan High Court - Jodhpur
Chamkaur Singh vs State Of Rajasthan (2024:Rj-Jd:25200) on 31 May, 2024
Author: Rekha Borana
Bench: Rekha Borana
[2024:RJ-JD:25200]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 11062/2023
Chamkaur Singh S/o Ruldu Singh, Aged About 36 Years, R/o
Dera Baba Sidh Barnala Road, Gili Kalla Police Station Sadar
Rampura Dist. Bhatinda (Punjab) (At Present Lodged In Central
Jail, Bikaner)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr.Rakesh Matoria with Mr.Vikas
For Respondent(s) : Mr.Gaurav Singh, PP.
HON'BLE MS. JUSTICE REKHA BORANA
Order
31/05/2024
1. The present second bail application under Section 439 Cr.P.C.
has been filed on behalf of the petitioner against the order dated
26.07.2023 passed by the learned Special Judge, N.D.P.S. Act and
Additional Sessions Judge No.1, Bikaner in Criminal Misc. (Bail)
Case No.1446/2023 (417/2023) whereby the second bail
application as preferred on behalf of accused petitioner has been
rejected, who had been arrested in connection with FIR
No.131/2020 registered at Police Station Naal, District Bikaner for
the alleged offences punishable under Sections 8/22 & 8/25 of
NDPS Act.
2. The first bail application of the petitioner was dismissed as
not pressed vide order dated 19.08.2021 (S.B. Crl. Misc. Bail
Application No.7666/2021) while giving liberty to the petitioner to
[2024:RJ-JD:25200] (2 of 4) [CRLMB-11062/2023]
move fresh bail application after the statement of seizure officer/
investigating officer is recorded.
3. The background facts in a nutshell are that on 31.10.2020,
the police team of Police Station Nal, District Bikaner including
Vikram Singh, S.H.O., while patrolling reached near Gandhi Piyau
and made nakabandi. During nakabandi, they intercepted a
vehicle bearing registration number DL 6CP 0323 and upon
search, certain quantity of medicinal drugs was found in the Car.
The Car was driven by the present petitioner Chamkaur Singh and
Nashtar Singh @ Chhatri was sitting by his side. The person sitting
on the rear side was Harpreet Singh @ Sarbar Singh. Huge
quantity of Tablets Tramadol and Radol i.e. 17700 tablets weighing
05.664 kgs. were recovered from the Car. All these three persons
were apprehended at the spot.
On the basis of aforesaid seizure memo, FIR No.131/2020
was registered for the offences punishable under Sections 8/22,
25 & 29 of NDPS Act. After thorough investigation, charge-sheet
has been filed in the competent Court against the accused
persons.
4. Learned counsel for the petitioner submitted that the
petitioner is innocent and has falsely been implicated in this case.
He submitted that the trial is pending for last about three years
and till date, only one prosecution witness has been examined out
of total cited 15 witnesses. The present petitioner is in the judicial
custody since 31.10.2020 i.e. for more than three and a half years
and the trial of the case will take sufficiently long time. Therefore,
the benefit of bail may be granted to the accused-petitioner.
[2024:RJ-JD:25200] (3 of 4) [CRLMB-11062/2023]
5. Learned Public Prosecutor has submitted that the recovered
contraband is multiple times of the commercial quantity,
therefore, benefit of bail may not be granted to the petitioner.
6. Heard learned counsel for the petitioner and learned Public
Prosecutor and perused the order-sheets of the trial proceedings
as placed on record.
7. It is not disputed that the accused petitioner has so far
suffered incarceration of more than three and a half years and
also that the trial is proceeding at a slow pace. But then, this
Court cannot be oblivious of the fact that the present is a case of
recovery of huge quantity of Tramadol and Radol tablets, the
recovered quantity being more than 5½ kgs against the
commercial quantity of 250 gms. As held by the Hon'ble Apex
Court in the latest judgment in the case of State by the
Inspector of Police Vs. B. Ramu;2024 (2) SCR 357 : 2024
INSC 114, for entertaining a prayer for bail in a case involving
recovery of commercial quantity of narcotic drug or psychotropic
substance, the Court would have to mandatorily record the
satisfaction in terms of the rider contained in Section 37 of the
NDPS Act.
So far as the present matter is concerned, this Court has no
reasonable ground to believe that the accused is not guilty of the
offence alleged and that he is not likely to commit any offence
while on bail.
8. Having regard to the totality of the facts and circumstances
of the case and the nature of allegations levelled against the
petitioner and the gravity of offence, I do not find it a fit case to
grant bail to the petitioner.
[2024:RJ-JD:25200] (4 of 4) [CRLMB-11062/2023]
9. Accordingly, the present second bail application, having no
merits, is hereby dismissed.
10. However, keeping into consideration the fact that the
petitioner is behind the bars since more than three years, the
learned trial Court is directed to make sincere endeavour to
complete the trial as expeditiously as possible.
(REKHA BORANA),J
SPhophaliya/-
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