Kulveer Singh vs State Of Rajasthan

Rajendra Prakash Soni, J

Present petition under Section 439 of the Code of Criminal Procedure is for grant of regular bail in case bearing FIR No. 55/2023 registered at Police Station Dudhwakhara, District Churu, for the offence punishable under Section 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, "the Act").

Learned counsel representing the petitioner contended that the petitioner has been falsely implicated in this case for the alleged recovery of poppy straw (weighing 30 Kg.) which is below the commercial quantity. The petitioner is not involved in any other case under the Act and decision of the case still to take some more time. Thus, he be released on bail.

Learned State counsel opposed the bail application on the ground that the case is related to the smuggling of poppy straw.

He however, fairly conceded that the petitioner is not involved in any other similar case.

According to the case spelled out in the FIR, the petitioner was apprehended while carrying 30 Kg. of Poppy Straw. The poppy straw was seized and the petitioner was taken into custody on 31.05.2023. Since then, the petitioner has been in jail. The recovered contraband weighs below the commercial quantity therefore, recording of finding envisaged under Section 37 of the Act is not a sine qua non for granting bail.

Having heard learned counsel for the parties, without going into the merits of the case, I deem it just and expedient to release the petitioner on bail subject to his furnishing bail/surety bonds of sufficient amount to the satisfaction of trial court in connection with the F.I.R. No. 55/2023 registered at Police Station Dudhwakhara, District Churu, 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 his 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.

Accordingly the present Misc. Bail Application stands allowed.