Jaspal Singh And Ors vs State, Through Pp

Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.365/2018 of Police Station Ratangarh District Churu for the offences punishable under Sections 8/15 NDPS Act. They have preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioners has submitted that it is clear from the statement of Seizure Officer Ranidan Ji Charan (PW-4), the then SHO of Police Station, Ratangarh, District Churu, that five plastic bags containing poppy straw were recovered by the police and the Seizure Officer first mixed the said poppy straw on a traupaulin and thererafter, took two samples of 200 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 petitioners 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 petitioners Jaspal Singh S/o Gurdayal Singh and Major Singh S/o Harbansh Singh, shall be released on bail in connection with FIR No.365/2018 of Police Station Ratangarh District Churu 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.