Dinesh @ Dineshchandra 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 FIR No. 384/2013 of Police Station Choti Sadri, District Pratapgarh for the offences punishable under Section 8/15

and 29 of NDPS Act. They have preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that it is clear from the statement of Seizure Officer (PW-2), the then SHO of Police Station, Choti

Sadari that twelve plastic bags containing poppy husk weighing 4 qunital 33 kgs. were recovered by the police and the Seizure Officer first took 500

gms.of poppy husk from each bag; mixed them and thereafter took two sampels 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 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 petitioners 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 Dinesh @ Dineshchandra S/o Kalulal shall

be released on bail in connection with FIR No. 384/2013 of Police Station Choti Sadari, District Pratapgarh 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.