Rajasthan High Court
Kuldeep Singh S/O Ranjeet Singh vs Central Bureau Of Narcotics on 24 October, 2024
Author: Anil Kumar Upman
Bench: Anil Kumar Upman
[2024:RJ-JP:44647]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous II Bail Application No. 5104/2024
Mahendra Pal Singh Suthalia S/o Shri Mohan Singh Suthalia,
Aged About 31 Years, R/o Kishorpura, Dungrsi Ka Bass, Baya
Tenwal, Tehsil Fulera, Dungrikallan, Jaipur (Raj.) (At Present
Accused Confined In Central Jail, Jaipur).
----Petitioner
Versus
Central Bureau Of Narcotics, Through Special Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous II Bail Application No. 5678/2024
Kuldeep Singh S/o Ranjeet Singh, Aged About 43 Years, R/o
Kishanpuriyawas, Tehsil Rajgarh, District Churu. (At Present
Accused Confined In Central Jail, Jaipur).
----Petitioner
Versus
Central Bureau Of Narcotics, Through Special Pp
----Respondent
For Petitioner(s) : Mr. Nirmal Kumar Sharma
Mr. Manish Gupta
For Respondent(s) : Mr. Tej Prakash Sharma, Special PP for
CBN
Mr. Vaibhav Jhankra
HON'BLE MR. JUSTICE ANIL KUMAR UPMAN
ORDER
DATE OF PRONOUNCEMENT :- 24/10/2024
1. These second bail applications have been filed under Section
439 Cr.PC on behalf of the petitioners, who have been arrested in
connection with FIR No.2/2022 registered at Police Station Central
[2024:RJ-JP:44647] (2 of 5) [CRLMB-5104/2024]
Bureau of Narcotics (CBN), Jaipur for the offences punishable
under Sections 08/21, 8/22 & 8/29 of NDPS Act.
2. Vide order dated 21.11.2023, previous bail applications
(Nos.13213/2023 and 203/2023) filed on behalf of the accused
petitioners were dismissed as withdrawn with liberty to file fresh
bail application after recording statement of the Seizure Officer.
The statement of the Seizure Officer has been recorded at trial
and hence, these second bail applications have been filed.
3. Learned counsel for the accused petitioners submit that
petitioners have falsely been implicated in this case. Counsel
submit that as per the testimony of the seizure officer PW.2
Rakesh Kumar Yadav, it reveals that compliance of provisions of
Section 52A of the NDPS Act have not been made as he admitted
this fact in his cross-examination. As per his testimony, it has also
come out that samples from the alleged recovered contraband
were not taken in presence of the jurisdictional magistrate.
Learned counsel further contend that inventory in terms of
provisions of Section 52A of the NDPS Act has been prepared on
07.01.2023 whereas the recovery from possession of the accused
petitioners Mahendra Pal Singh and Kuldeep Singh were effected
on 25.08.2022 and 15.09.2022 respectively. Thus, there is an
inordinate delay in preparing the inventory. It is contended that
samples drawn in presence of the magistrate were not sent to the
FSL for chemical examination and thus, the FSL report, received in
pursuance of the samples drawn in absence of magistrate cannot
be read in evidence and is a waste paper only. Reliance has been
placed on the following judgments:
[2024:RJ-JP:44647] (3 of 5) [CRLMB-5104/2024]
1. Union of India v. Mohanlal & Anr : (2016) 3 SCC 379.
2. Mohammed Khalid & Anr. v. The State of Telangana : 2024
INSC 158
3. Mangilal vs State of Madhya Pradesh: 2023 SCC online
SC 862
4. Counsel submit that the petitioners Mahendra Pal Singh
Suthalia and Kuldeep Singh are in custody since 26.08.2022 &
22.11.2022 respectively. Both do not have any criminal
antecedents and trial will take long time in its completion as other
accused persons have been arrested subsequently. On these
submissions, learned counsel for the petitioners seek indulgence
of bail for the accused petitioners.
5. Learned Special Public Prosecutor for NCB vehemently and
fervently opposes the bail applications. He submits that huge
quantity of contraband have been recovered from the petitioners
and thus, considering the rigour of Section 37 of the NDPS Act,
bail should not be granted.
6. I have heard and considered the submissions advanced at
bar and have gone through the material available on record.
7. As per the statement of the seizure officer PW.2 Rakesh
Kumar Yadav and other material available on record, it is revealed
that provisions of Section 52A of the NDPS Act have not been
followed. He himself admitted in his cross-examination that
samples from the alleged recovered contraband were not drawn in
presence of the jurisdictional magistrate and that he did not follow
the provisions of Section 52A of the NDPS Act as well as SOP
[2024:RJ-JP:44647] (4 of 5) [CRLMB-5104/2024]
issued in this regard by the Department. Apart from it, both
accused petitioners do not have any criminal antecedents under
the NDPS Act and they are in custody since 26.08.2022 &
22.11.2022 respectively and trial will take long time.
8. Prolonged incarceration, generally militates against the
most precious fundamental right guaranteed under Article 21 of
the Constitution of India and in such a situation, the conditional
liberty must override the embargo contained under Section 37 of
the NDPS Act. The Hon'ble Apex Court has granted bail to
accused persons by considering the period of incarceration of
about two years or more.
9. So far as Section 37 of the NDPS Act is concerned, it 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 reading, which does not call
for meticulous examination of the material collected during
investigation.
10. In view of above, without commenting anything on the
merits/demerits of the case, I deem it just and proper to accept
the instant bail applications.
11. Thus, these second applications for bail are allowed and it is
directed that accused petitioners Mahendra Pal Singh Suthalila S/o
[2024:RJ-JP:44647] (5 of 5) [CRLMB-5104/2024]
Shri Mohan Singh and Kuldeep Singh S/o Shri Ranjeet Singh,
arrested in connection with FIR No.2/2022 PS CBN District Jaipur
shall be released on bail provided each of them furnishes a
personal bond in the sum of Rs.50,000/- with two sureties in the
sum of Rs.25,000/- each to the satisfaction of the learned trial
court with the stipulation that each of them 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.
12. It is made clear that the accused petitioners shall not involve
in any other similar offence during currency of the bail and during
trial, both shall mark their presence on first Monday of every
month in the concerned police station. If any breach 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 them by this Court.
13. Office is directed to send copy of this order forthwith to the
accused petitioners through concerned Jail Superintendent. Office
is also directed to send copy of this order to the concerned trial
court forthwith. After receiving copy of this order, the learned trial
court shall intimate the accused petitioners regarding this bail
granting order.
(ANIL KUMAR UPMAN),J
Lalit Mohan-45-46
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