Rajasthan High Court - Jaipur
Sahib Singh S/O Amrik Singh vs State Of Rajasthan on 4 July, 2022
Author: Farjand Ali
Bench: Farjand Ali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail Application No. 9782/2022
Sahib Singh S/o Amrik Singh, Aged About 40 Years, R/o Prithvi
Vihar Colony Gali No. 2 Karnal Police Station Karnal City District
Karnal State Haryana (At Present In Sub Jail Bhawanimandi,
District Jhalawar)
----Petitioner
Versus
State Of Rajasthan, Through P.P.
----Respondent
For Petitioner(s) : Mr. Ali Mohammed Khan
For Respondent(s) : Mr. BL Nasuna, PP
HON'BLE MR. JUSTICE FARJAND ALI
Order
04/07/2022
1. The instant bail application has been filed under Section 439 Cr.P.C. on behalf of accused-petitioner Sahib Singh Son of Amrik Singh. The petitioner has been arrested in connection with FIR No. 190/2020 registered at Police Station Bhawanimandi, District Jhalawar for the offence(s) under Sections 8/15, 18, 25, 29 of the NDPS Act.
2. Concisely stated, the facts of the current case are that the police were exhorting people to follow the COVID-19 Lock-down guidelines when a truck (HR45 C 1278) was intercepted by them near Zulmi Tiraha, Pipliya. The truck driver, Sahib Singh, stopped the truck at the blockade abruptly and attempted to flee from the area but was caught by one of the officers. Upon suspicion and after informing the accused petitioner about his right under (Downloaded on 25/12/2022 at 12:52:10 AM) (2 of 3) [CRLMB-9782/2022] Section 50 of the N.D.P.S. Act, the police officers searched the vehicle and gave a shakedown to the petitioner. Upon search of the vehicle, total 26 packets were found in the vehicle; the 26 packets were emptied upon the tarpaulin of the truck and weighed together. The total weight of the admixture was 520 kilograms; out of which, two samples of one kilogram each, marked A (chemical sample) and B (control sample), were taken from the seized contraband for investigation and rest of the contraband weighing 518 kilograms was re-packed into different packets.
3. Learned counsel for the petitioner submits that a false case has been foisted against the petitioner. He has nothing to do with the alleged offence(s) and no useful purpose would be served by keeping him behind the bars. The contents of each of the 26 bags were emptied onto a tarpaulin, mixed together and the samples for testing were drawn from this admixture. As individual weight of all the packets is not known and samples from each of the 26 packets were not drawn for testing, it cannot be said with utmost certainty that each of the packets contained poppy husk and that the quantity of the recovered contraband is 520 kilograms.
He further submits that in the present set of facts, the judgment passed by the coordinate bench of this court in Netram v. State of Rajasthan, reported in 2014 (1) Cr.L.R. (Raj.) 163, will hold good and that since the 26 bags were not even weighed separately and as the samples were wrongly collected, the quantity of the seized contraband can be assumed to be less than commercial quantity and the impediment as stipulated in Section 37 of the NDPS Act will not be applicable in the present case.
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4. Per contra, learned Public Prosecutor opposed the bail application on the ground that the recovered contraband weighed 520 kilograms in total and that is way above the commercial quantity demarcated for poppy husk.
5. Heard learned counsel for the petitioner and the learned public prosecutor. Perused the material available on record. Unassailably, the individual weight of the 26 packets has not been taken on record and the possibilities that not all of the packets contained poppy husk cannot be obviated. Thus, it cannot be ascertained beyond any measure of doubt that the recovered contraband was above the commercial quantity. Therefore, the dicta contained in judgment of Netram (supra) will be applicable in the present case and the embargo contained in Section 37 of the N.D.P.S. Act will not be attracted. Considering the arguments advanced by the counsel for the parties and looking to the overall facts and circumstances of the case, this court deems it just and proper to enlarge the petitioner on bail.
6. Accordingly, the bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused-petitioner named above shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.
(FARJAND ALI),J SAHIL SONI /127 (Downloaded on 25/12/2022 at 12:52:10 AM) Powered by TCPDF (www.tcpdf.org)