Laal Singh 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.42/2016 of Police Station Arnod, Distt. Pratapgarh for the offences punishable under Sections 8/15 and 29 of the NDPS Act and under Section 3/25 of Arms 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 statement of Sunil Kumar (PW-3), the then SHO of Police Station Arnod, District Pratapgarh that 1264 kgs. 800 gms. poppy husk contained in 57 bags were seized by the police and the Seizure Officer first mixed all the poppy husk, contained in 57 bags, on a tarpaulin, then put them again in all the bags while marking the bags as '1 to 57' and thereafter took two samples of 1 kg. from bag No.1. Thus, it is clear that the Seizure Officer did not collect seperate samples from each bag. It is also submitted that the I.O. 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 applications. 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.

Accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner - Laal Singh S/o Roop Singh shall be released on bail in connection with FIR No.42/2016 of Police Station Arnod, Distt. Pratapgarh 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.