Rajasthan High Court - Jodhpur
Madan Karir @ Madan Gopal vs State Of Rajasthan on 28 April, 2022
Author: Devendra Kachhawaha
Bench: Devendra Kachhawaha
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Miscellaneous Bail Application No. 5628/2022
Madan Karir @ Madan Gopal S/o Budhram, Aged About 58 Years,
R/o Dhani Chak 6 Ksd Malarampura Sangaria Ps Tehsil Sangaria
Dist. Hanumangarh (Lodged In Sub Jail Sangaria)
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr. B.Ray Bishnoi with Mr. Tanay Jain
For Respondent(s) : Mr. Laxman Solanki, PP
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order 28/04/2022 The present 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.350/2021 of Sangaria Police Station, District Hanumangarh, registered for the offence punishable under Sections 8/18, 8/25 & 8/29 of the NDPS Act.
Heard learned counsel appearing for the petitioner and learned Public Prosecutor. Perused the material available on record.
Learned counsel for the petitioner stated that 5 kgs 250 grams opium recovered from the two persons i.e. petitioner as well as co-accused - Varindrapal Singh; benefit of bail has already been granted by the Co-ordinate Bench of this Court to the co- accused Varinderpal Singh vide order dated 27.07.2021 in S.B. Criminal Misc. Bail Application No.9616/2021; benefit of bail have also been granted to the co-accused persons, namely Jaswant (Downloaded on 29/04/2022 at 08:32:21 PM) (2 of 3) [CRLMB-5628/2022] Singh @ Bubby Bhau and Balwant Singh @ Madan @ Maddi by this Court vide order dated 27.08.2021. It is further stated by learned counsel that body search of the petitioner was conducted and notice under Section 50 of the NDPS was given by the seizure officer but it was not informed to the petitioner that the search may be conducted before the Gazetted Officer; Gazetted Officers are only made witnesses to the said document; no written consent was obtained from the petitioner, only signature was obtained by the seizure officer, therefore, mandatory provision of Section 50 of the NDPS Act has not been complied with strictly by the seizure officer. With these submissions, learned counsel for the petitioner prayed that the benefit of bail may be granted to the accused- petitioner.
Per contra, learned Public Prosecutor opposed the bail application of the accused-petitioner and stated that recovery was made from the property of the accused-petitioner, therefore, compliance of Section 50 of the NDPS Act is not required in the present case.
Having regard to the facts and circumstances of the case, particularly to the facts that admittedly, body search of the petitioner was conducted and provision of Section 50 of the NDPS Act has not been strictly complied with as relying on the recent case decided by Hon'ble the Apex Court, titled as Sanjeev & Anr. Vs. State of Himachal Pradesh reported in 2022 LiveLaw (SC) 267; and the fact that benefit of bail have already been granted to the abovementioned co-accused; that charge-sheet has been filed and trial will take sufficiently long time, therefore, without expressing any opinion on the merits/demerits of the (Downloaded on 29/04/2022 at 08:32:22 PM) (3 of 3) [CRLMB-5628/2022] case, this Court is of the opinion that the bail application filed by the petitioner deserves to be accepted.
Consequently, the present bail application is allowed. It is ordered that the accused-petitioner - Madan Karir @ Madan Gopal S/o Budhram, arrested in connection with F.I.R. No.350/2021 of Sangaria Police Station, District Hanumangarh, shall be released on bail, if not wanted in any other case, provided he furnishes a personal bond of ₹1,00,000/- (Rupees One Lakh) and two sound and solvent sureties of ₹50,000/- (Rupees Fifty Thousand) 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.
(DEVENDRA KACHHAWAHA),J 235-Arvind/-
(Downloaded on 29/04/2022 at 08:32:22 PM) Powered by TCPDF (www.tcpdf.org)