The High Court granted bail to the accused-petitioner charged under the NDPS Act, noting that the seizure officer violated Section 50 by offering the third option during the notice and samples were sent after a five-month delay.
Petitioner released on bail with a personal bond of Rs. 50,000/- and two sureties of Rs. 25,000/- each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Miscellaneous II Bail Application No. 6243/2021
Sawara S/o Ramlal Gurjar, Aged About 22 Years, Borabas, P.s. Rk Puram, Dist. Kota (Raj.).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
| For Petitioner(s) | : Mr. H.S. Chouhan |
|---|---|
| For Respondent(s) | : Mr. Mukhtiyaar Khan,P.P. |
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
05/10/2021
Accused-petitioner has made this second attempt for seeking bail in connection with FIR No.25/2020 of Police Station Bhansroadgarh, District Chittorgarh for offences punishable under Sections 8/15, 25 of the NDPS Act.
The first bail application at the behest of petitioner was dismissed as not pressed with liberty to file fresh bail application after the statement of concerned Seizure Officer.
Pressing this second bail application, it is submitted by learned counsel for the petitioner that in the notice of Section 50 of the NDPS Act, third option was given by the Seizure Officer, therefore, it is a clear cut violation of Section 50 of the NDPS Act. It is further stated that statement of Seizure Officer has been recorded before learned trial Court as P.W.1; he has admitted during cross-examination that third option was given in the notice
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[CRLMB-6243/2021]
of Section 50 of the NDPS Act and further admitted that samples were sent after delay of five months. With these submissions, benefit of bail may be granted to the accused petitioner.
Learned Public Prosecutor has vehemently opposed this second bail application of the accused-petitioner.
Having regard to the facts and circumstances of the case and particularly the fact that third option was given by the Seizure Officer during the seizure proceedings, which is clear cut violation of Section 50 of the NDPS Act, further trial will take sufficiently long time, 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, Sawara S/o Ramlal Gurjar, arrested in connection with F.I.R. No.25/2020 of Police Station Bhansroadgarh, District Chittorgarh, may be released on bail; provided he furnishes a personal bond of Rs.50,000/- with two sureties of Rs.25,000/-each 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.
(D EVENDRA KACHHAWAHA),J
63-Bharti/-
2 issues framed by the court
Whether bail should be granted when the seizure proceeding involved a clear violation of Section 50 of the NDPS Act by giving the third option during notice.
Whether the delay in sending samples for analysis warranted granting bail under Section 439 Cr.P.C.
2 provisions across 2 enactments
Sawara S/o Ramlal Gurjar
State Of Rajasthan
Devendra Kachhawat
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
