Lakhan Singh vs State Of Rajasthan

Heard learned counsel for the petitioner through video conferencing. Learned Public Prosecutor is present in Court.

Petitioner has filed this third bail application under Section 439 of Cr.P.C.

F.I.R. No. 271/2017 was registered at Police Station Malakhera Alwar for offence under Sections 8/20 & 8/29 of NDPS Act.

It is contended by counsel for the petitioner that statement of Seizure Officer has been recorded. As per the prosecution version, recovery was effected. The seizure was conducted at the distance of 14 Km. from the Police Station, whereas, in the site plan, the distance is 6 Km. Control sample was not drawn which is mandatory under the Act. It is also contended that the mandates of Section 50 of NDPS Act, has not been adhered to. The option was given to the petitioner to have the search conducted by the Seizure Officer.

It is further contended that petitioner is not having any criminal antecedents of like nature.

Learned Public Prosecutor has opposed the bail application.

I have considered the contentions.

Considering the contentions put forth by counsel for the petitioner, I deem it proper to allow the bail application.

This bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.

However, it is made clear that if the petitioner is found involved in the similar activities, State would be free to move application for cancellation of bail before the concerned Court.