Second bail application allowed under Section 439 Cr.P.C. despite pending NDPS trial, based on non-adherence to seizure procedure by the State and slow trial progress.
Petitioner released on bail via personal bond of Rs.1,00,000/- with two sureties of like amount including one local surety.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail No. 12548/2018
Harinder Singh S/o Chamkor Singh, Aged About 40 Years, B/c Majbi Sikh, Village Sidmakala, Police Station Jagrava, District Ludhiana, Punjab. (At present lodged in Central Jail, Bikaner)
----Petitioner
Versus
State of Rajasthan, through PP, Jaipur.
----Respondent
For Petitioner(s) : Mr. RS Gill with Mr. DS Thind For Respondent(s) : Mr. Ashok Upadhyay, P.P., for the State
HON'BLE MR. JUSTICE P.K. LOHRA
Order
10/01/2019
Facing trial for offence punishable under Section 8 read with Sections 15, 25 & 29 of the NDPS Act in Sessions Case No.04/2015 pending before Special Judge, NDPS Case, Bikaner, accused petitioner has laid this second post arrest bail application.
The aforementioned case is founded on FIR No.138/2015 registered at Police Station Jainarayan Vyas Colony, Bikaner.
The first bail application at the behest of petitioner was dismissed as not pressed on 23.10.2017.
Pressing this second bail application, it is submitted by learned counsel for the petitioner that, while passing order on first bail application, Court has recorded its expectation that learned
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[CRLMB-12548/2018]
trial Court would expedite trial, but, surprisingly, since then during trial only four out of twenty witnesses cited by the prosecution have been examined. Learned counsel has further submitted that although as per prosecution contraband (poppy straw) recovered in the matter was umpteen times higher than commercial quantity but then the Seizure Officer at the time of drawal of samples has not adhered to the prescribed procedure and has in fact adopted a laconic procedure which has direct ramification on the outcome of the case. It is argued by learned counsel that in fact the contraband contained in 100 bags of 40 kg each was mixed and collected at one place for drawl of two samples of 2 kg. It is also submitted by learned counsel that this sort of procedure adopted by the Seizure Officer has substantially diminished chances of conviction of the petitioner for offence under Section 8 read with Section 15(c) of the NDPS Act. In support of his contention, learned counsel has placed reliance on decisions of Netram Vs. State of Rajasthan [2014 (2) WLN 394 (Raj)] and Jasmer @ Bachchi & Ors. Vs. State of Rajasthan [2014(1) Cr.L.R. (Raj.) 199]. It is also argued by learned counsel that petitioner was apprehended on 15.06.2015 and so far there is no material progress in the trial is yet another mitigating circumstance for favourable consideration of bail.
Learned Public Prosecutor has vehemently opposed this second bail application of the petitioner.
I have bestowed my consideration to the arguments advanced at Bar, perused the material available on record as well
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as legal precedents relied upon by the learned counsel for petitioner.
Having regard to the facts and circumstances of the case, I record my satisfaction about the conditions envisaged under Section 37(b)(ii) of the NDPS Act and accordingly, without expressing any opinion on merits of the case, I deem it just and appropriate to grant indulgence to the petitioner by enlarging him on bail.
Accordingly, this second bail application under Section 439 Cr.P.C. is allowed and it is ordered that accused-petitioner, Harinder Singh S/o Chamkor Singh, arrested in connection with F.I.R. No.138/2015, Police Station Jainarayan Vyas Colony, Bikaner, may be released on bail; provided he furnishes a personal bond of Rs.1,00,000/- with two sureties of like amount, including one local surety, to the satisfaction of learned trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.
127-Bharti/-
2 issues framed by the court
Whether bail should be granted to the petitioner facing charges under Section 8 of the NDPS Act given procedural irregularities in seizure.
Whether the slow progress of the trial and failure to endorse statutory preservations procedures justify bail under Section 37(b)(ii) of the NDPS Act.
Colour shows how this judgement treated each authority
Netram Vs. State of RajasthanRelied on¶18
[2014 (2) WLN 394 (Raj)]
Jasmer @ Bachchi & Ors. Vs. State of RajasthanRelied on¶18
[2014(1) Cr.L.R. (Raj.) 199]
3 provisions across 2 enactments
Harinder Singh
State of Rajasthan
P.K. Lohra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
