Bhutta Ram vs State Of Rajasthan

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 connection with FIR No.80/2018 of P.S. Hanuman Nagar, District Bhilwara for the offences punishable under Sections 8/15 and 8/29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that from the recovery memo and statements of Seizure Officer, Bhupesh Sharma (PW-2), it is clear that poppy straw weighing about 95 kgs and 700 grams was recovered in two bags and the Seizure Officer first filled the recovered poppy straw in 7 plastic bags and thereafter took out samples of 500 grams each from those 7 plastic bags. Learned counsel for the petitioner has submitted that from the above, it is clear that the Seizure Officer did not take separate samples from two bags in which the poppy straw was filled. 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 petitioner 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 petitioner may kindly be enlarged on bail.

Learned Public Prosecutor has opposed the bail application.

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) and taking into consideration the fact that trial of the case is likely to take time, this Court is inclined to grant bail to the petitioner.

Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Bhutta Ram S/o Sh. Banwari Lal shall be released on bail in connection with FIR No.80/2018 of P.S. Hanuman Nagar, District Bhilwara 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.