JUDGMENT 1. - Present application has been filed under Section 439 Cr.RC. for grant; regular bail to the petitioner in a case arising out of F.I.R. No. 88/201! registered at Police Station, Gegal, Ajmer, for commission of offence punishable under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Due to error committed by the trial Court, this Court had also passed wrong orders. 3. S.B. Criminal Miscellaneous Bail Application No. 12810/2013, was preferred on behalf of accused- Vijendra Singh Shekhawat @ Vijju, and same was listed before this Court on 19.12.2013. 4. Along with the aforesaid application, the petitioner had annexed the order dated 13.12.2013 passed by Mr. Umesh Kumar Sharma, Special Judge, N.D.P.S. Cases, Ajmer. 5. In the aforesaid impugned order dated 13.12.2013, (passed by bail Court), it was recorded that from the accused ten-kilograms `ganja' was recovered. 6. After perusing the impugned order, as well as, considering the recovery to be non-commercial in nature and believing the statements made by the learned counsel appearing for the petitioner and the learned Public Prosecutor for the State, this Court had granted bail to accused Vijendra Singh Shekhawat @ Vijju. 7. Thereafter, S.B. Criminal Miscellaneous Bail Application No. 274/2014, was instituted on behalf of co-accused-Guman Mai and same was listed before this Court on 07.01.2014. 8. The impugned order annexed along with the petition preferred by Guman Mai is same, as it was jointly passed in a case of Vijendra Singh Shekhawat @ Vijju and Guman Mai. It was also recorded in the order that ten-kilograms `ganja' was recovered and, therefore, accused- Gumanmal was also granted bail. 9. After two above-named accused have been granted bail, present S.B. Criminal Miscellaneous Bail Application No. 430/2014 was filed on behalf of one Kamaikant. 10. The learned counsel appearing on behalf of the petitioner, Kamaikant, has submitted that another co-accused has been released on bail by the trial Court, therefore, the present petitioner is also entitled to grant of bail. 11. In the impugned order dated 18.12.2013, the trial Judge had noted that the quantity recovered from the accused is ten-kilograms of `ganja'. 12. Since, this Court could not find reason as to how co-accused Kamlesh @ Kamal Meena has been released on bail, papers of the case were shuffled. It came to the notice of this Court that two-hundred kilograms of 'ganja' was jointly recovered from the accused. 13.
12. Since, this Court could not find reason as to how co-accused Kamlesh @ Kamal Meena has been released on bail, papers of the case were shuffled. It came to the notice of this Court that two-hundred kilograms of 'ganja' was jointly recovered from the accused. 13. Therefore, this Court on 10.01.2014, in the present application, had passed the following order:- "A perusal of the impugned order and the FIR reveal that regarding the quantity of Ganja recovered, there is some contradiction, the same is required to be verified at the earliest. Learned Public Prosecutor is directed to call the Investigating Officer along with the case diary immediately. List on 13th January, 2014." 14. Today, Mr. Hemaram, A.S.I./I.O. Police Station, Gegal, Ajmer is present in person before this Court. He has submitted that 200-kilograms `ganja' was recovered. 15. Relying upon the order passed by the Court below, a bona-fide mistake had occurred. 16. The Deputy Registrar [Judicial] is orally directed to immediately convey to the trial Court, as well as, the Superintendent [Jail], wherein accused-Vijendra Singh Shekhawat @ Vijju and Gumanmal are confined that in case they have not been released, the order granting bail to them shall be kept in abeyance. However, in case accused-Vijendra Singh Shekhawat @ Vijju and Gumanmal have been released on bail, notice for cancellation of bail shall be immediately, issued. 17. Notice of cancellation of bail shall be served by Mr. Hemaram, A.S.I./I.O. who is present in person before this Court, upon Vijendra Singh Shekhawat @ Vijju and Gumanmal. 18. The Superintendent of Police, Ajmer shall also take active steps for service of notices upon accused-Vijendra Singh Shekhawat @ Vijju and Gumanmal. 19. A notice shall also be served by the trial Court upon the persons, who stood sureties for accused - Vijendra Singh Shekhawat @ Vijju and Gumanmal for their production. 20. The Registrar [Administration] of this Court is directed to seek comments from Mr. Umesh Kumar Sharma, Special Judge, N.D.PS. Cases, Ajmer as to how in the order dated 18.12.2013 and 13.12.2013 passed in a case arising out of above F.I.R., it has been wrongly mentioned that ten-kilograms 'ganja' was recovered. 21. To await service of notices of cancellation upon Vijendra Singh Shekhawat @ Vijju and Gumanmal, as well as, comments of the trial Judge, list on 28th January, 2014. 22.
21. To await service of notices of cancellation upon Vijendra Singh Shekhawat @ Vijju and Gumanmal, as well as, comments of the trial Judge, list on 28th January, 2014. 22. Since the trial Court noticing that ten-kilograms `ganja' was recovered, has granted bail to co-accused Kamlesh @ Kamal Meena, a notice shall also be issued by the trial Court regarding cancellation of bail of that accused.The Deputy Registrar [Judicial] is directed to orally convey the gist of this order to the trial Court immediately. *******