Rajasthan High Court - Jodhpur
Naresh vs State Of Rajasthan (2024:Rj-Jd:43774) on 24 October, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JD:43774]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 7591/2024
Naresh S/o Shri Pabu Ram, Aged About 23 Years, R/o Bhajan
Nagar, Jambheswar Nagri, Police Station Lohawat, Dist. Jodhpur,
Raj. (At Present Lodged In Sub Jail Suratgarh, Dist.
Sriganganagar)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. SR Godara
For Respondent(s) : Surendra Bishnoi, PP
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
24/10/2024
The petitioner has been arrested in connection with FIR
No.0242/2021 registered at Police Station Rajiasar, District Sri
Ganganagar for the offence punishable under Sections 8/22, 25 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 19.11.2021 and
the samples were sent for FSL on 19.11.2021, but inventory in
this case was prepared on 10.05.2022. Counsel further 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
19.11.2021. Counsel further submits that out of total 18
prosecution witnesses, only four prosecution witnesses have been
examined before the trial court till date. The trial of the case will
[2024:RJ-JD:43774] (2 of 3) [CRLMB-7591/2024]
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
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 this 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 19.11.2021, and there is clear-cut violation of
Section 52-A of the NDPS Act, therefore, 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 Naresh S/o Shri Pabu
[2024:RJ-JD:43774] (3 of 3) [CRLMB-7591/2024]
Ram shall be released on bail in connection with FIR
No.0242/2021 registered at Police Station Rajiasar, District Sri
Ganganagar, 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
11-GKaviya/-
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