Rawalram @ Rahul And Ors vs State Of Rajasthan

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. 147/2018 of Police Station Kolayat, District Bikaner for the offences punishable under Section 8/15 and

29 of 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 Jagdish Singh (PW-1), the then SHO of Police

Station, Kolayat that 107 plastic bags containing poppy husk weighing 32 quintal, 49 kgs and 700 gms. were recovered and the Seizure Officer took

sample of 50 gms. from each bag. 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 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 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 Rawalram @ Rahul S/o Chena Ram and

Pradeep Kumar S/o Rameshwarlal shall be released on bail in connection with FIR No. 147/2018 of Police Station Kolayat, District Bikaner 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.