Jahid Ali Anr 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.97/2018 of Police Station Bichiwada, District Dungarpur for the offences punishable under Sections 8/15,

29 of the NDPS 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 Sunil Sharma (PW-1), the then SHO of Police Station

Bichiwada that total 97 bags containing poppy husk weighing 2547 kgs. were seized by the police and the Seizure Officer first took sample from each

bag then he mixed the same on a tarpaulin 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 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 petitioner may kindly be enlarged on bail.

Having considered the overall facts and circumstances of the case, substantial grounds taken in this bail application, taking into consideration the

judgment passed by this Court in Netram's case (supra) and keeping in view the fact that trial of the case is likely to take time, this Court is inclined to

grant bail to the petitioner under Section 439 Cr.P.C.

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 Jahid Ali S/o Nabibaksh and Afzal S/o

Mohd. Jilani shall be released on bail in connection with FIR No.97/2018 of Police Station Bichiwada, District Dungarpur 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.