Allowed

Pappu Lal v. State of Rajasthan

Rajasthan HC15 Nov 2018CRLMB/7325/2018

Case brief

AI extract

What is this about?

The Court granted bail under Section 439 Cr.P.C. to the petitioner accused under the NDPS Act. The decision relied on the Court's earlier ruling in Net Ram's case, holding that if samples are taken from only specific packets of seized narcotics, the quantity considered for commercial quantity limits is restricted to those sampled packets.

What did the court decide?

Petitioner released on bail on execution of a personal bond of Rs. 50,000 with sureties.

Pappu Lal Vs State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2018)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Misc. Bail No. 7325/2018

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Pappu Lal S/o Shankar Lal, Aged About 30 Years, B/c Mali, R/o Jatawas, Ward No.17, Pokran, P.S. Pokran, Distt. Jaisalmer.

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(At Present Lodged In District Jail, Jaisalmer)

----Petitioner

Versus

State Of Rajasthan

----Respondent

For Petitioner(s) : Mr. D.L. Rawla For Respondent(s) : Mr. Deepak Choudhary, PP

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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15/11/2018

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Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

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The petitioner has been arrested in FIR No.210/2017 of Police Station Pokran, Distt. Jaisalmer for the offences punishable under Sections 8/18 and 8/29 of the NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

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Learned counsel for the petitioner has submitted that from the prosecution story narrated in the FIR, it is clear that 17 packets of opium were recovered from the petitioner, however, out of those 17 packets, samples were taken only from two packets for the purpose of examination by the FSL.

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(2 of 3)

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[CRLMB-7325/2018]

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It is further submitted that the samples from each of the 17 packets were not taken out and as per the judgment rendered by this Court in Netram Vs. State of Rajasthan, reported in 2014(1) Cr.L.R. (Raj.) 163, if the samples have not been taken out from each of the packets of narcotic contraband, then, the quantity of narcotic contraband will be taken into consideration in respect of only those packets from which samples were taken out. It is further submitted that from the statement of Seizure Officer Manak Ram (PW-1), it is clear that out of 17 packets of opium, samples have been taken out only from two packets which contained 100 gms of opium each and, therefore, it will be deemed that the petitioner is guilty for possessing only 200 gms of opium, which is below commercial quantity.

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Per contra, learned Public Prosecutor has opposed the bail application.

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Having regard to the totality of the facts and circumstances of the case and keeping in view the law laid down by this Court in Net Ram's case (supra), 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.

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Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner – Pappu Lal S/o Shankar Lal shall be released on bail in connection with FIR No.210/2017 of Police Station Pokran, Distt. Jaisalmer provided he executes a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for

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(3 of 3)

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[CRLMB-7325/2018]

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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.

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(VIJAY BISHNOI),J

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ms rathore

Pappu Lal v. State of Rajasthan

Case brief

What is this about?

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Pappu Lal v. State of Rajasthan

Case brief

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