Abdul Salim vs State Of Rajasthan

 Vijay Bishnoi, J

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. 123/2017 of Police Station Balesar 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 petitioner has submitted that it is clear from the statements of the Seizure Officer Mool Singh (PW-3), the then SHO of

Police Station, Balesar that 112 plastic bags containing poppy straw weighing 20 quintal 34 kgs were recovered by the police and the Seizure Officer

first mixed the said poppy straw on a traupaulin and, thererafter, took two samples of 1 kgs each from that 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 some 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 v. 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 Abdul Salim S/o Gani Mohammed shall

be released on bail in connection with FIR No. 123/2017 of Police Station Balesar 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.