Champa Lal @ Champa Ram @ Mukesh v. State of Rajasthan, Through PP
2019-01-07
VIJAY BISHNOI
body2019
DigiLaw.ai
JUDGMENT 1. Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record. 2. The petitioner has been arrested in FIR No. 65/2015 of Police Station Kherapa, District Jodhpur for the offences punishable under Sections 8/15, 25 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that it is clear from the statement of PW-2 Suresh Choudhary, the then SHO, Police Station Khedapa that 8 gunny bags containing poppy husk weighing 191 kgs. were seized by the police and the Seizure Officer first took 1 kg. of poppy husk from each bag, then he mixed the said poppy husk and thereafter took two samples from that mixture. Thus, it is clear that the Seizure Officer did not collect separate samples from each bag. It is also submitted that the I.O. has not stated that the test by the U.N. Kit was carried out on each bag before taking small quantity of poppy husk for samples. 4. Learned counsel for the petitioner has placed reliance on the decisions of this Court rendered in Netram v. State of Rajasthan reported in 2014 (2) WLN 394 (Raj.) , Nagu Singh v. State of Rajasthan reported in 2016(3) WLN 310 (Raj.) and the decisions of Coordinate Benches of this Court rendered in S.B. Criminal Misc. Second Bail No. 6030/2017 (Ishwar Singh v. State of Rajasthan) decided on 14.07.2017, S.B. Criminal Misc. Bail No. 6763/2017 (Prakash Chandra v. State of Rajasthan) decided on 24.08.2017, S.B. Criminal Misc. Second Bail No. 5995/2017 (Sri Ram @ Sanjay v. State of Rajasthan) decided on 25.08.2017 and S.B. Criminal Misc. Bail No. 6610/2017 (Shaukeen v. State of Rajasthan) decided on 07.09.2017. 5. Learned Public Prosecutor has opposed the bail application. 6. 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 petitioner under Section 439 Cr.P.C. 7. Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Champa Lal @ Champa Ram @ Mukesh S/o Sh. Naru Ramshall be released on bail in connection with FIR No. 65/2015 of Police Station Kherapa, District Jodhpur provided he executes a personal bond in a sum of Rs.
Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Champa Lal @ Champa Ram @ Mukesh S/o Sh. Naru Ramshall be released on bail in connection with FIR No. 65/2015 of Police Station Kherapa, District Jodhpur provided he 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 appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.