Om Prakash S/o Shri Jamnalal Modi v. The State of Rajasthan
2000-07-24
S.C.MITAL
body2000
DigiLaw.ai
JUDGMENT 1. - Heard. Perused the case diary/copy of challan papers made available for perusal. This is bail application under section 439 Cr.P.C. and the accusation against the accused-applicant is for the offence under section 8/I8NDPS Act. 2. It is vehemently argued that in this case the sample has been tampered with, because the FSL has returned the sample with the objection that the sample has not been properly sealed and the material can be taken out without breaking the seal. It was also directed that the packet must be stitched and sealed again. Learned Public Prosecutor has opposed the bail application that this question will be considered after recording the evidence. 3. Having considered the facts and circumstances of the case, there are reasonable grounds to say that the petitioner may not have committed the alleged offence and there is nothing to show that if released on bail he will commit such offence. Thus, the case is covered under section 37 NDPS Act to enlarge the petitioner on bail. 4. Therefore, this bail application is allowed and it is ordered that the applicant namely Om Prakash S/o Jamnalal Modi be released on bail provided he executes personal bond for a sum of Rs. 10,000/- (Rs. Ten thousand only) and furnishes one sound and solvent surety in the sum of Rs: 10,000/- to the satisfaction of the 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.Bail allowed. *******