High Court allowed bail to petitioner arrested for NDPS offences. Court noted seizure guidelines violations and long trial duration, accepting application under Section 439 Cr.P.C. without passing merit on charges.
Petitioner released on bail subject to personal bond of Rs. 2,00,000 and two sureties of Rs. 1,00,000 each.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Criminal Misc. Bail Application No. 6609/2021
Satpal @ Satveer S/o Shri Jagdish, aged 43 years, by caste Bishnoi, R/o Muklawa presently at kirtinagar house no. 52, near government hospital Sriganganagar, District Sriganganagar. (At present lodged at District Jail, Sriganganagar).
----Petitioner
Versus
State Of Rajasthan through P.P.
----Respondent
For Petitioner(s) : Mr. Rajesh Joshi Sr. Adv. assisted by Mr. Rahul Choudhary Mr. Devesh A. Purohit For Respondent(s) : Mr. Laxman Solanki, P.P.
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
13/08/2021
The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No. 74/2020, Police Station Jaitsar, District Sriganganagar, registered for the offence under Section 8/15 of the NDPS Act.
Heard learned senior counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned senior counsel for the petitioner stated that accused-petitioner is behind the bars since 22.08.2020; that alleged contraband (poppy husk) weighing 100 kg was recovered in the absence of the accused-petitioner; although as per the seizure memo, it is stated that one of the member of the seizure party i.e. Constable Pawan Kumar had identified the accused-
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[CRLMB-6609/2021]
petitioner; admittedly, accused-petitioner was not arrested on the spot from where the alleged contraband was recovered. Learned senior counsel further stated that it is admitted fact that samples were taken after mixing the contents of contraband found in all the five bags which is a clear cut violation of the guidelines issued by this Court in the case titled as “Netram Vs State of Rajasthan” 2014 (2) WLN 394 (Raj.) decided on 18.10.2013 and in S.B. CRLMB 5696/2020 titled as “ Abhishek Sharma s/o Ashok Kumar Sharma Vs State of Rajasthan” . With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused-petitioner.
Per contra, learned Public Prosecutor has opposed the bail application of the accused-petitioner and stated that five other cases have been registered against the accused-petitioner out of which, two cases are for the offences punishable under Sections 8/15 and 8/15, 29 of the NDPS Act. He lastly, urges that Section 37 of the NDPS Act is clearly attracted in this case.
Having regard to the facts and circumstances of the case, particularly to the facts that guidelines issued by this Court in the case of “Netram Vs State of Rajasthan” (supra) have not been strictly complied with; this Court is of the view that conditions under Section 37 of the NDPS Act are satisfied in the present case; that charge-sheet has been filed and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the bail application is allowed. It is ordered that the accused-petitioner - Satpal @ Satveer S/o Shri
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[CRLMB-6609/2021]
Jagdish, arrested in connection with F.I.R. No. 74/2020, Police Station Jaitsar, District Sriganganagar , shall be released on bail, if not wanted in any other case; provided he furnishes a personal bond of Rs.2,00,000/- (Rupees Two Lakhs) and two sound and solvent sureties of Rs.1,00,000/- (Rupess One Lakh) each to the satisfaction of the 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.
(DEVENDRA KACHHAWAHA),J
16-/Akshay/-
3 issues framed by the court
Whether bail should be granted to the petitioner charged with offences under Sections 8/15 of the NDPS Act given procedural violations in seizure guidelines.
Whether conditions under Section 37 of the NDPS Act are satisfied in the present case.
Whether the charge-sheet filing and lengthy trial timeline justify acceptance of the bail application.
Colour shows how this judgement treated each authority
Netram Vs State of RajasthanReferred¶17
Netram Vs State of Rajasthan 2014 (2) WLN 394 (Raj.)
Abhishek Sharma s/o Ashok Kumar Sharma Vs State of RajasthanReferred¶17
S.B. CRLMB 5696/2020 titled as Abhishek Sharma s/o Ashok Kumar Sharma Vs State of Rajasthan
3 provisions across 2 enactments
Satpal @ Satveer
State Of Rajasthan
DEVENDRA KACHHAWAHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
