Rajasthan High Court
Dilawar Khan S/O Hakim Khan vs The State Of Rajasthan ... on 4 September, 2024
Author: Manoj Kumar Garg
Bench: Manoj Kumar Garg
[2024:RJ-JP:37259]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 13133/2023
Dilawar Khan S/o Hakim Khan, Aged About 37 Years, R/o Goan
Hatuniya, P.s. Hatuniya, Distt. Pratap Garh (Raj.) (Petitioner Is
Districtjail Baran)
----Petitioner
Versus
The State Of Rajasthan, Through Pp
----Respondent
Connected With
S.B. Criminal Miscellaneous Bail Application No. 13629/2023
Aasif Khan S/o Afjal, R/o Ganvari Nagri Police Station Daloda,
Distt Mandsore (M.p.) At Present Dabada, P.s. Hathoniya, District
Pratapgarh. (Raj.) (Petitioner Is District Jail Baran)
----Petitioner
Versus
The State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. Ali. Mohd. Khan through VC
Mr. Lakshya Kumar Sharma through
VC
For Respondent(s) : Mr. Jai Prakash Tiwari, PP through VC
HON'BLE MR. JUSTICE MANOJ KUMAR GARG
Order
04/09/2024
The petitioners have been arrested in connection with FIR
No.09/2022 registered at Special Police Station SOG, District ATS
and SOG (Jaipur Metro) for the offence punishable under Sections
8/22, 8/25 & 8/29 of NDPS Act. They have preferred these two
bail applications separately under Section 439 Cr.P.C.
[2024:RJ-JP:37259] (2 of 3) [CRLMB-13133/2023]
Learned counsel for the petitioners submits that the recovery
of contraband was made from the petitioners on 26.04.2022 and
the samples were sent for FSL on 28.04.2022, but inventory in
this case was prepared before the Magistrate on 03.11.2022.
Counsel submits that this shows that there is clear cut violation of
provisions of Section 52(A) of NDPS Act. The petitioners are inside
the jail since 26.04.2022 and the trial of the case will take
sufficient long time to be concluded. Therefore, the benefit of bail
should be granted to the accused-petitioners. 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 both the bail
applications.
[2024:RJ-JP:37259] (3 of 3) [CRLMB-13133/2023]
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 are inside
the jail since 26.04.2022, without expressing any opinion on the
merits of the case, I deem it just and proper to grant bail to the
accused petitioners under Section 439 Cr.P.C.
Accordingly, both the bail applications filed under Sec.439
Cr.P.C. are allowed and it is directed that petitioners (1) Dilawar
Khan S/o Hakim Khan & (2) Aasif Khan S/o Afjal shall be released
on bail in connection with FIR No.09/2022 registered at Special
Police Station SOG, District ATS and SOG (Jaipur Metro), provided
each of them 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 their 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
MS/-1 & 2
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