Sukhdev Singh @ Nikka vs State Of Rajasthan

Kuldeep Mathur, J

This second application for bail under Section 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.117/2022 registered at Police Station Kesarisinghpur, Dist. Sri Ganganagar, for the offences under Sections 8/15 and 18 of the NDPS Act.

The first bail application of the present petitioner was dismissed as not pressed, by this Court vide order dated 20.10.2023.

Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioner submitted that as per prosecution, on 09.06.2022, SHO Police Station, Kesarisinghpur, during routine round of the city, received an information that a motorcycle rider coming from Shri Karanpur on motorcycle ‘Platina’ bearing No. RJ-13-KS-2175, may be carrying some suspicious articles. Acting upon the said information, a nakabandi was conducted and the said motorcycle was intercepted. Upon searching the motorcycle, contraband (opium) weighing 2 Kg 800 Gms. and contraband (poppy husk/straw) weighing 6 Kg 500 Gms. were recovered and the petitioner was arrested on the spot.

Learned counsel for the petitioner contended that the quantity of the recovered contraband (opium) being 2 Kg 800 Gms., made from the conscious possession of the petitioner is only slightly higher than the commercial quantity prescribed as per the NDPS Act. Also, the contraband (poppy husk/straw) allegedly recovered from the petitioner in the present case is below commercial quantity.

Learned counsel submitted that for the alleged recovery of the contraband, the petitioner is in judicial custody since 10.06.2022; till date out of 27 cited prosecution witnesses, statements of only two prosecution witnesses have been recorded before the competent criminal court and the trial of the case will take sufficiently long time.

Learned counsel thus submitted that since there is nothing on record of the case to indicate that the delay in trial is attributable to the present petitioner, therefore, the benefit of bail may be granted to the accused-petitioner.

Reliance was placed on the orders passed in SLP (Cri) No.5769 of 2023 titled as Nitish Adhikary @ Bapan Vs. State of West Bengal decided on 01.08.2022 and in SLP (Cri.) NO. 4173 of 2023 titled as Shariful Islam @ Shareef Vs. State of West Bengal decided on 04.08.2022.

Per contra, learned Public Prosecutor has opposed the bail application and submitted that the quantity of the alleged recovery of the contraband (opium) falls within the ambit of more than commercial quantity and therefore, the petitioner does not deserve to be enlarged on bail.

Having considered the rival submissions, facts and circumstances of the case, challan papers and statements of the Seizure Officer (PW-2), this Court prima facie finds that the contraband (opium) weighing 2.800 Kgs. was allegedly recovered from the conscious possession of the present petitioner. This Court prima facie also finds that the petitioner is in judicial custody since 10.06.2022 and he does not have any case of a similar nature pending against him. Thus, he cannot be kept in incarceration for a longer period of time during the trial particularly when the delay in trial is not attributable to him.

In view of the aforesaid discussion and keeping in view the facts and circumstances of the case, this Court without expressing any opinion on merits/demerits of the case, this Court is inclined to enlarge the petitioner on bail. Consequently, the second bail application under Section 439 Cr.P.C. is allowed. It is ordered that the accused-petitioner Sukhdev Singh @ Nikka S/o Sh. Achhar Singh arrested in connection with F.I.R. No.117/2022 registered at Police Station Kesarisinghpur, Dist. Sri Ganganagar, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs.1,00,000/- and two sureties of Rs.50,000/- each, to the satisfaction of learned trial court, for his appearance before that court on each & every date of hearing and whenever called upon to do so till completion of the trial.