High Court allowed a second bail application for the petitioner convicted under NDPS Act for possession of poppy husk, granting bail as no merit was examined and facts mirrored earlier judgments favoring bail.
Petitioner released on bail on execution of personal bond of Rs. 2,00,000/- with two sureties of Rs. 1,00,000/- 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 Misc. 2nd Bail Application No. 12110/2022
Arvind S/o Punaram, Aged About 31 Years, R/o Vishnoiyon Ka Goliya Thana Ramseen District Jalore
(At Present Lodged In Dist. Jail Udaipur)
----Petitioner
Versus
State Of Rajasthan, Through PP
----Respondent
For Petitioner(s) : Mr. Ram Niwas For Respondent(s) : Mr. Anil Joshi GA cum AAG with Mr. Pallav Sharma, AAAG
HON'BLE MR. JUSTICE MANOJ KUMAR GARG Order
19/09/2022
The instant second bail application has been filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in connection with the FIR No. 54/2021 registered at Police Station Bekriya, District Udaipur for the offence punishable under Sections 8/15 of NDPS Act.
The first bail application was dismissed as not pressed on 4.2.2022 with liberty to file a fresh bail application after recording the statement of Seizure Officer.
Learned counsel for the petitioner submits that the trial court has examined the Seizure Officer as P.W.3. Counsel submits that Seizure Officer admitted in his statement that he recovered total 94 Kg 950 gm poppy husk containing in bags from the possession of the petitioner and after taking samples of poppy husk from each of the bags, he mixed the same and took a sample of 1 Kg and sent the same for FSL. Counsel has placed reliance upon the judgments rendered in the cases of Netram vs. State of Rajasthan reported in 2014(2) WLN 394 (Raj.) and Nagu Singh vs. State of
(2 of 2)
[CRLMB-12110/2022]
Rajasthan reported in 2016(3) WLN 310 (Raj.) and upon orders of this Court in S.B. Cr. Misc. Bail Application No. 1603/2018, Ram Lal vs. State of Rajasthan decided on 27.2.2018 and S.B.
Cr. Misc. Bail Application No. 4299/2018, Bheru Lal vs. State of Rajasthan decided on 30.7.2018, in the said cases also the samples were taken from all the bags and only two samples were sent for FSL and this Court granted bail to the accused. Counsel submits that the case of the present petitioner is identical to that of the reported cases. The petitioner is in behind the bars and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the second 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, the second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Arvind S/o Punaram shall be released on bail in connection with FIR No. 54/2021 registered at Police Station Bekriya, District Udaipur, provided he executes a personal bond in a sum of Rs.2,00,000/- with two sound and solvent sureties of Rs.1,00,000/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.
(MANOJ KUMAR GARG),J
158-Mak/-
2 issues framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. considering the manner of FSL sampling of seized poppy husk.
Whether the benefit of bail should be granted as the case is identical to reported judgments where bail was allowed on similar sampling facts.
Colour shows how this judgement treated each authority
Netram vs. State of RajasthanReferred¶13
Netram vs. State of Rajasthan reported in 2014(2) WLN 394 (Raj.)
Nagu Singh vs. State of RajasthanReferred¶13
Nagu Singh vs. State of Rajasthan reported in 2016(3) WLN 310 (Raj.)
Ram Lal vs. State of RajasthanReferred¶16
S.B. Cr. Misc. Bail Application No. 1603/2018, Ram Lal vs. State of Rajasthan decided on 27.2.2018
Bheru Lal vs. State of RajasthanReferred¶16
S.B. Cr. Misc. Bail Application No. 4299/2018, Bheru Lal vs. State of Rajasthan decided on 30.7.2018
1 provisions across 1 enactments
Arvind S/o Punaram
State Of Rajasthan
Manoj Kumar Garg
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
