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2022 DIGILAW 328 (RAJ)

Ratan Lal S/o Dalu Lal Kumawat v. State

2022-02-03

DEVENDRA KACHHAWAHA

body2022
JUDGMENT : DEVENDRA KACHHAWAHA, J. 1. In wake of onslaught of COVID-19, as per guidelines, lawyers have been advised to refrain from coming to the Courts, therefore, hearing of the matter is being taken up only through video conferencing. 2. Heard learned counsel for the petitioner appearing through video conferencing and learned Public Prosecutor, present-in-person. Perused the material available on record. 3. The present second bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in judicial custody in connection with F.I.R. No. 67/2019, Police Station Begu, District Chittorgarh registered for the offences under Sections 8/15, 25 & 29 of the NDPS Act. 4. Pressing this second bail application, it is submitted by learned counsel for the petitioner that as per prosecution, from vehicle, the truck bearing no. RJ-27 1G 1269, alleged contraband recovered, the accused petitioner ran away from the spot and subsequently arrested, and while rejecting first bail application vide order dated 28.01.2021, liberty was granted to file fresh bail application after recording of statement of Seizure officer/Investigating officer and since, as per the prosecution, the accused petitioner ran away from the spot, the statement of the Seizure officer is sufficient for consideration of right of bail of the accused petitioner. It is submitted that statement of Seizure officer, Mr. Virendra Singh (PW2) has already been recorded by the learned trial court, wherein he has admitted that total 14 bags were found having alleged contraband and from each bag, 500 gms of the contraband was taken and mixed in another bag and the samples were taken, therefore, the samples were not taken properly in the present case and thus, it is a clear cut violation of the provisions of NDPS Act and accused-petitioner is entitled for bail as per the guidelines issued in light of judgment in Netram v. State of Rajasthan [ 2014 (2) WLN 394 (Raj)]. It is further submitted that the accused petitioner is behind the bars since 15.05.2020 and further trial will likely to take sufficiently long time, therefore, benefit of bail may be granted to the accused-petitioner. 5. Per contra, learned Public Prosecutor opposed the second bail application of the accused-petitioner and submitted that total 325 kgs and 600 gms poppy husk was recovered, which is above the commercial quantity and further stated that the accused petitioner is owner of the vehicle in which contraband was recovered. 5. Per contra, learned Public Prosecutor opposed the second bail application of the accused-petitioner and submitted that total 325 kgs and 600 gms poppy husk was recovered, which is above the commercial quantity and further stated that the accused petitioner is owner of the vehicle in which contraband was recovered. Lastly, he urges that provisions of Section 37 of the NDPS Act, are clearly attracted in the present case. 6. In reply to this, learned counsel for the petitioner submits that charge of offence under Section 8/15 and 8/25 both cannot be concurrently levelled against the accused petitioner because as per the prosecution under Section 8/25, the vehicle was given by the vehicle owner to another person. 7. Having regard to the facts and circumstances of the case and particularly in light of statement recorded of Seizure officer, Mr. Virendra Singh, which corroborated with the Seizure Memo itself and it is undisputed fact that the guidelines issued in Neta Ram's case (supra) were violated in the present case, trial will likely to take sufficiently long time and also this Court is of the view that conditions of Section 37 of the NDPS Act are clearly satisfied in the present case, therefore, without expressing any opinion on the merits/demerits of the case, this Court is of the opinion that the second bail application filed by the petitioner deserves to be accepted. 8. Consequently, the second bail application is allowed. It is ordered that the accused-petitioner-Ratan Lal son of Dalu Lal Kumawat arrested in connection with F.I.R. No. 67/2019, Police Station Begu, District Chittorgarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of Rs. 2,00,000/- (Rupees Two Lacs) and two sound and solvent sureties of Rs. 1,00,000/- (Rupees One Lac) each 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.