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Judgment
The petitioners have been arrested in FIR No.175/2018 of Police Station Nimbahera Sadar, District Nimbahera for the offences punishable under Sections 8/15, 25 and 29 NDPS Act. They have preferred these second bail applications under Section 439 Cr.P.C.
Learned counsel for the petitioners has submitted that it is clear from the statement of Sanjay Sharma (PW-3), the then S.I. of Police Station Nimbahera Sadar, District Nimbahera that 55 bags containing poppy straw were seized by the police and the Seizure Officer first took 100 gms of poppy straw from each bag then he mixed the said poppy straw and thereafter took two samples of 500 gms 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 I.O. 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 petitioners 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.
Having considered the overall facts and circumstances of the case and substantial grounds taken in this bail application and taking into consideration the judgment passed by this Court in Netram's case (supra), this Court is of the opinion that there are rare chances of petitioners' conviction and trial of the case is likely to take time, this Court is inclined to grant bail to the petitioners.
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 petitioners under Section 439 Cr.P.C.
Accordingly, these second bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners - Avtar Singh @ Gopi S/o Ramkishan Jat, Goldi S/o Suchcha Singh Jat and Pradeep Singh S/o Balveer Singh shall be released on bail in connection with FIR No.175/2018 of Police Station Nimbahera Sadar, District Nimbahera provided each of them 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.