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2022 DIGILAW 1633 (RAJ)

Rajkumar v. State Of Rajasthan

2022-05-18

VIJAY BISHNOI

body2022
JUDGMENT Vijay Bishnoi, J. - 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.260/2020 of Police Station Jawahar Nagar, District Sri Ganganagar for the offence punishable under Section 8/21 of NDPS act. He has preferred this second bail application under Section 439 Cr.P.C. 3. Learned counsel for the petitioner has submitted that as per the proseuction story, the police have apprehnded the petitioner with 28 vials of cough syrup containing narcotic substance. It is also submitted that from the Recovery Memo (Exhibit-P/22) and the statement of Ms. Jyoti (PW-3), the then Incharge of Police Station Jawahar Nagar, District Sri Ganganagar, it is clear that 28 vials of cough syrups containing narcotic substance were seized by the police and the Seizure Officer first poured the said cough syrups containing narcotic substance into a plastic bucket thereafter took two samples of 100 gms each from that mixture. Thus, it is clear that the Seizure Officer did not collect separate samples from each vials. It is also submitted that the Seizure Officer has not stated that the test by the U.N. Kit was carried out on each vials before taking some quantity of narcotic substance for samples. 4. Learned counsel for the petitioner while placing reliance on the decision of this Court rendered in the case of Netram Vs. State of Rajasthan, reported in 2014(1) Cr.L.R. (Raj.) 163 has argued that this Court has held that if the samples from each bag containing poppy straw have not been collected and the test by U.N. Kit has not been conducted on each bag and if the Seizure Officer has taken out some quantity of narcotic drug from each bag and after mixing the same has taken out some portion for sample, then, the same is not in conformity with the Standing Instruction No.1/88 issued by the Narcotics Control Bureau, New Delhi, particularly, Instruction No.1.7 and, as such, it cannot be said that the narcotic contraband recovered in the matter is of commercial quantity or above. It is, thus, prayed that the petitioner may kindly be enlarged on bail. 5. Learned Public Prosecutor has opposed the bail application. 6. It is, thus, prayed that the petitioner may kindly be enlarged on bail. 5. Learned Public Prosecutor has opposed the bail application. 6. Having considered the overall facts and circumstances of the case, substantial grounds taken in this bail application, taking into consideration the judgment passed by this Court in Netram's case (supra) and keeping in view the fact that trial of the case is likely to take time, without expressing any opinion on the merits of the case, this Court is inclined to grant bail to the petitioner under Section 439 Cr.P.C. 7. accordingly, this second bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Rajkumar S/o Shri Kanwarbhan shall be released on bail in connection with FIR No.260/2020 of Police Station Jawahar Nagar, District Sri Ganganagar provided he executes a personal bond in the 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.