Rajasthan High Court - Jaipur
Khadak Singh S/O Shri Bakhtawar Singh vs State Of Rajasthan on 5 June, 2020
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Second Bail Application No.
5729/2020
Khadak Singh S/o Shri Bakhtawar Singh, R/o Dholi Pahadi, Ps
Tapukda, Distt. Alwar. Raj. At Present Confined In Sub Jail Tijara.
----Petitioner
Versus
State Of Rajasthan, through PP
----Respondent
For Petitioner(s) : Mr. Anil Kumar Upman For State : Mr. Deshraj Gosingha, PP.
HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 05/06/2020
1. Defect pointed out by the Registry is waived.
2. Heard counsel for the petitioner through video conferencing.
3. Learned Public Prosecutor is present in person. 4 Petitioner has filed second bail application under Section 439 of Cr.P.C.
5. F.I.R. No.76/2020 was registered at Police Station Tapukda, District Alwar for offence under Sections 8/18 of NDPS Act.
6. It is contended by counsel for the petitioner that charge- sheet has not been filed till date. A period of sixty days has expired. The matter pertains to plantation of opium poppy which would fall under Section 18 (c) and the offence is punishable with imprisonment which may extend to ten years. A period of filing of the challan as per Section 167 of Cr.P.C. is sixty days. (Downloaded on 05/06/2020 at 09:04:13 PM)
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7. Counsel for the petitioner has drawn my attention to the notification specifying small quantity and commercial quantity. At the bottom of such notification, note-3 is appended which reads as under:-
"Small quantity" and "Commercial quantity" with respect to cultivation of opium poppy is not specified separately as the offence in this regard is covered under clause (c) of Section 18 of the NDPS Act, 1985.
8. Counsel for the petitioner has also placed reliance on "Toofan Singh vs. State of Rajasthan S.B. Criminal Misc. Bail Application No.4237/2020" decided by Rajasthan High Court on 15.05.2020.
9. Learned Public Prosecutor has opposed second bail application. It is contended that the charge-sheet is ready and police is considering the case under Section 18(b) of NDPS Act and a period provided for filing challan under Section 18(b) of NDPS Act is 180 days.
10. I have considered the contentions.
11. In the note appended to the notification, small quantity and commercial quantity is specified. It is specifically mentioned that plantation of opium poppy would fall under Section 18(c) of the NDPS Act. As per clause (c) of the NDPS Act, the rigorous imprisonment may extend to ten years. Thus, charge-sheet ought to be filed within sixty days as per Section 167 (2) of Cr.P.C.
12. Admittedly, charge-sheet has not been filed within sixty days, hence, petitioner is entitled to default bail under Section 167(2) of Cr.P.C.
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13. Second bail application is accordingly allowed and it is directed that accused petitioner shall be released on bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lac only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial court with the stipulation that he shall appear before that Court and any court to which the matter is transferred, on all subsequent dates of hearing and as and when called upon to do so.
(PANKAJ BHANDARI),J CHANDAN /26 (Downloaded on 05/06/2020 at 09:04:13 PM) Powered by TCPDF (www.tcpdf.org)