Deepak Choudhary vs State

Heard learned counsel for the petitioner Mr. ML Bishnoi through Jitsi Meet App., as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.36/2017 of Police Station Diver District Rajsamand for the offences punishable under Sections 8/15, 8/25 NDPS Act 3/25 Arms 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 Tej Karan (PW-1), the then SHO of Police Station, Diver, District Rajsamand that 29 plastic bags containing poppy straw weighing 416 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 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.

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 Deepak Choudhary S/o Sh. Bhooraram, shall be released on bail in connection with FIR No.36/2017 of Police Station Diver District Rajsamand 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.