Sanjeev Kumar vs State Of Rajasthan

Rajendra Prakash Soni, J

The prayer made in this bail petition filed under Section 439 of the Code of Criminal Procedure (for short "the Code") is for grant of bail in connection with crime registered pursuant to First Information Report Number 12/2022 of Police Station Dudhwakhara, District Churu in respect of offence(s) punishable under Section(s) 8/15, 8/25 & 8/29 of the Narcotic Drugs and Psychotropic Substances Act.

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

Mr. Bhagirath Ray Bishnoi, learned counsel for the applicant submits that the petitioner is in custody since one and a half year; that only 60 kg. poppy husk was allegedly recovered from the car of the petitioner which is marginally above of commercial quantity. He thus, urges that the petitioner has falsely been implicated in the case and may be released on bail.

Learned Public Prosecutor opposed the bail application on the ground of specific provisions contained in Section 37 of the Narcotic Drugs and Psychotropic Substances act 1985. Learned Public Prosecutor cited the judgment passed by the Hon’ble Apex Court in the case of Union of India through NCB, Lucknow Vs. Md. Nawaz Khan; (Criminal Appeal No.1043/2021), decided on 22.09.2021.

Having considered the facts and circumstances of the case particularly to the fact that the quantity of poppy husk recovered from car is 60 kg, which is marginally above the commercial quantity; this Court feels that the petitioner has available to him substantial grounds 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 Sanjeev Kumar S/o Ram Prakash in FIR No. 12/2022 of Police Station Dudhwakhara, District Churu shall be released on bail provided he furnishes a personal bond and two surety bonds of sufficient amount to the satisfaction of the learned 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 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.