Kistura Ram vs State Of Rajasthan

Rajendra Prakash Soni, J

Through instant petition, accused has come before this Court for grant of bail under Section 439 of the Cr.P.C. in connection with crime registered pursuant to First Information Report Number 12/2023 of Police Station Hanumangarh Junction, District Hanumangarh in respect of offences punishable under Sections 8/29, 25 & 15 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter to be referred as “the NDPS Act”).

Heard the arguments advanced by learned counsel for the applicants, learned public prosecutor and carefully perused the entire material available in case diary.

Mr. Bharat Gurjar and Mr. Jai Kishan Haniya, learned counsel for the applicant submits that the petitioner is in custody since long; that only 60.00 Kgs. of Poppy-husk/straw was allegedly recovered from the Swift Car (No. D.L.5-C.F.-2805) of the petitioner which is marginally above of commercial quantity; that mandatory requirements enumerated under the N.D.P.S. Act has not been duly complied with during the course of alleged search and seizure; that the manner under which the alleged seizure was made, is completely contrary to the law, result thereof would be that ultimately the petitioner could not be held guilty on the basis of alleged circumstances and material available on record. Hence, the embargo contained under Section 37 of the NDPS Act would not be attracted in the present case looking to the manner under which alleged seizure was effected; and that the co-accused Kishna Ram S/o Sima Ram has already been enlarged on bail by this Court vide order dated 20.06.2023 (Bail Application No. 7695/2023). He thus, urges that the petitioner may be released on bail.

Learned Public Prosecutor has opposed the bail application on the ground of specific provisions contained in section 37 of the Narcotic Drugs and Psychotropic Substances Act 1985; that the case is related to the smuggling of poppy-husk/straw.

Having considered the facts and circu mstances of the case particularly to the fact that the quantity of poppy-husk/straw recovered from Swift Car is 60.00 Kgs, which is marginally above the commercial quantity; this Court feels that the petitioner has available to him substantial ground so as to question the prosecution case. Thus, this Court is of the opinion that restrictions contained in Section 37 of the NDPS Act are duly satisfied and keeping in view the prolonged custody period suffered by the petitioner, he deserves to be enlarged on bail.

Consequently, the instant bail application is allowed. It is ordered that the accused-petitioner-Kistura Ram S/o Achla Ram in F.I.R. No. 12/2023 of Police Station Hanumangarh Junction, District Hanumangarh, shall be released on bail subject to his furnishing bail/surety bonds of sufficient amount to the satisfaction of trial Court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so. This order is subject to the condition that accused, within 7 days of their release and sureties, on the day of furnishing bail, will also furnish details of their all bank accounts, with bank and branch name, in shape of an affidavit, and submit legible copy of their Aadhar cards as well as front page of Bank pass book, for smooth recovery of penalty amount, if there arise a need for recovery of penalty under Section 446 Cr.P.C in future.