Gunesha Ram vs State

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.180/2018 of Police Station Kheroda, Distt. Udaipur for the offences punishable under Sections 8/15 of the

NDPS Act. He has preferred this third 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 Sanjay Singh Champawat (PW-1), the then

SHO of Police Station, Kheroda, Distt. Udaipur that seven plastic bags containing poppy husk weighing 68.700 kgs. were recovered by the police and

the Seizure Officer first took 500 gms.of poppy husk from each bag, Seizure Officer 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 and substantial grounds taken in this bail application and taking into

consideration the judgment passed by this court in Netram Case (supra) and taking into consideration that fact that trial is likely to take time, this court

is inclined to grant bail to the petitioner, without expressing any opinion on the merits of the Accordingly, this second bail application filed under Section

439 Cr.P.C. is allowed and it is directed that petitioner -Gunesha Ram S/o Sh. Jugta Ram shall be released on bail in connection with FIR

No.180/2018 of Police Station Kheroda, Distt. Udaipur provided he executes a personal bond in the 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.