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2019 DIGILAW 1382 (RAJ)

Kanwar Lal v. State of Rajasthan, Through PP

2019-05-06

VIJAY BISHNOI

body2019
JUDGMENT 1. Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record. 2. The petitioners have been arrested in connection with FIR No. 175/2009 of Police Station Shambhupura, District Chittorgarh for the offences punishable under Sections 8/18, 8/15 and 8/29 of NDPS Act. They have preferred these bail applications under Section 439 Cr.P.C. 3. Learned counsel for the petitioners has submitted that allegations against the petitioners are to the effect that they supplied 1 kg of opium and 115 kgs of poppy straw to co-accused Harpal Singh and Richhpal Singh, who were caught by the police while transporting the said narcotic contraband. It is further submitted that co-accused persons Harpal Singh and Richpal Singh, who were caught on the spot with illegal opium and poppy straw have already been enlarged on bail by this Court. Learned counsel has also submitted that in the trial against the petitioners, statements of Seizure Officer, Narander Jain PW-8 has been recorded, who has specifically stated that he did not take out separate samples of poppy straw from each bag and collected the same from mixture which was prepared after taking poppy straw of small quantity of it from each bag. Learned counsel for the petitioners has, therefore, argued that from the above, it is clear that Seizure Officer has not followed the procedure laid down under the law by collection of samples and said action of the Seizure Officer is in violation of law laid down by this Court in Netram v. State of Rajasthan, reported in 2014 (1) Cr.L.R. (Raj.) 163 . It is also submitted that the opium recovered by the police at the instance of other co-accused persons was below commercial quantity. 4. Learned Public Prosecutor has opposed the bail application. 5. 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. 6. Accordingly, these bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners Kanwar Lal S/o Panna Lal Gayri and Madan Lal s/o Kanwar Lal Gayri shall be released on bail in connection with FIR No. 175/2009 of Police Station Shambhupura, District Chittorgarh provided each of them executes a personal bond in a sum of Rs. Accordingly, these bail applications filed under Sec.439 Cr.P.C. are allowed and it is directed that petitioners Kanwar Lal S/o Panna Lal Gayri and Madan Lal s/o Kanwar Lal Gayri shall be released on bail in connection with FIR No. 175/2009 of Police Station Shambhupura, District Chittorgarh 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/her appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.