In a bail application regarding NDPS offences involving poppy straw, the High Court of Rajasthan granted bail citing procedural irregularities in sample collection contrary to Standing Instruction No.1/88, while not expressing an opinion on the merits.
Petitioner released on bail in sum of Rs.50,000/- with two sureties of Rs.25,000/- each.
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 Miscellaneous Bail Application No. 4511/2021
Farsaram S/o Surjaram, Aged About 41 Years, By Caste Meghwal, R/o Marjad Shetr, Dhadhu, Phalodi, District Jodhpur. (At Present Lodged In Sub Jail Phalodi).
----Petitioner
Versus
State Of Rajasthan, Through P.p.
----Respondent
For Petitioner(s) For Respondent(s)
: Mr. BR Godara : Mr. SS Rajpurohit, PP
HON'BLE MR. JUSTICE VIJAY BISHNOI
Judgment / Order
08/07/2021
Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.
The petitioner has been arrested in FIR No.261/2019 of Police Station Phalodi District Jodhpur for the offences punishable under Sections 8/15, 25, 29 NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
Learned counsel for the petitioners has submitted that it is clear from the statements of Seizure Officer Rajeev Bhadu -(PW1), the then SHO of Police Station, Phalodi, Distt. Jodhpur that 47 bags containing huge quantity of poppy straw were recovered by the police and the Seizure Officer first took one sample of 1 kgs from each bag and mixed the said samples of poppy straw on a traupaulin, thererafter, took two samples of 1 kg each from that
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mixture. Thus, it is clear that the Seizure Officer did not collect separate samples from each bag. It is also submitted that the Seizure Officer has not stated that the test by the U.N. Kit was carried out on each bag before taking small quantity of poppy husk for samples.
Learned counsel for the petitioner while placing reliance on the decision of this Court rendered in the case of Netram Vs. State of Rajasthan, reported in 2014(1) Cr.L.R. (Raj.) 163 has argued that this Court has held that if the samples from each bag containing poppy husk/poppy straw have not been collected and test by U.N.Kit has not been conducted on each bag and if the Seizure Officer has taken out some quantity of narcotic drug from each bag and after mixing the same has taken out some portion for sample, then, the same is not in conformity with the Standing Instruction No.1/88 issued by the Narcotics Control Bureau, New Delhi, particularly, Instruction No.1.7 and, as such, it cannot be said that the narcotic contraband recovered in the matter is of commercial quantity or above. It is, thus, prayed that the petitioners may kindly be enlarged on bail.
Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, 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 Section 439 Cr.P.C. is allowed and it is directed that petitioner Farsaram S/o Surjaram shall be released on bail in connection with FIR
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[CRLMB-4511/2021]
No.261/2019 of Police Station Phalodi District Jodhpur provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- 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.
(VIJAY BISHNOI),J
Surabhii/104-
2 issues framed by the court
Whether bail under Section 439 Cr.P.C. should be granted in a case involving NDPS offences.
Whether improper sampling of narcotic drugs affects the commercial quantity assessment for bail purposes.
Colour shows how this judgement treated each authority
Netram Vs. State of RajasthanReferred¶18
Netram Vs. State of Rajasthan, 2014(1) Cr.L.R. (Raj.) 163
3 provisions across 3 enactments
Farsaram S/o Surjaram
State Of Rajasthan
Vijay Bishnoi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
