Sachin Kumar vs State on 14 December, 2018

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Rajasthan High Court - Jodhpur

Sachin Kumar vs State on 14 December, 2018

Bench: Sandeep Mehta

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                      JODHPUR
            S.B. Criminal Misc. 3rd Bail No. 11877/2018

Sachin Kumar S/o Omprakash Arora, Aged About 30 Years,
Gandeep Colony , Kakowala Road, P.s. Basti , Distt. Ludhiana
(Punjab) (Lodged At Distt. Jail Chittorgarh)
                                                      ----Petitioner
                               Versus
State, Through Pp
                                                    ----Respondent


For Petitioner(s)       :   Mr.R.K. Charan
For Respondent(s)       :   Mr. Deepak Choudhary, PP



            HON'BLE MR. JUSTICE SANDEEP MEHTA

Judgment / Order 14/12/2018 The present third bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in custody in relation to F.I.R. No.107/2016, Police Station Sadar Nimbahera, District Chittorgarh, for the offence under Sections 8/15, 25 of NDPS Act.

Heard. Perused the material available on record. The learned Counsel Shri R.K. Charan, representing the accused petitioner contended that the sampling procedure carried out by the seizure officer was not as per law and thus, the petitioner was given liberty to renew the prayer for bail after examination of the seizure officer by the trial court. Shri Charan submits that till date, the seizure officer has not been examined but while referring to the statements of other police witnesses (2 of 3) [CRLMB-11877/2018] associated in the search and seizure proceedings viz. PW-4 Hema Ram, PW-7 Kailash Chandra & PW-12 Devendra Singh, he submits that these witnesses admitted in their statements that two composite samples were taken out by the seizure officer from five separate gunny bags in which the contraband poppy-straw was stored. As per him, the sampling procedure adopted by the seizure officer is flawed and is bound to prove fatal to the prosecution case when the case is finally decided by the trial court. He thus, urges that the petitioner deserves to be enlarged on bail.

The learned Public Prosecutor has vehemently opposed the submissions advanced by the petitioner's counsel. However, he too does not dispute the fact that the police witnesses referred to supra examined at the trial have admitted that the investigation officer drew two composite samples from the separate gunny bags in which the contraband poppy was reportedly recovered.

Any comment of this Court on the veracity of the seizure and sampling procedure may prejudice the trial but having regard to the overall facts and circumstances as emerging from the record and the law laid down by this Court on the aspect of composite sampling procedure, this Court is inclined to accept the instant third bail application.

Accordingly, this third bail application is allowed and it is directed that the petitioner Sachin Kumar S/o Shri Omprakash arrested in connection with the F.I.R. No.107/2016, registered at Police Station Sadar Nimbahera, District Chittorgarh shall be (3 of 3) [CRLMB-11877/2018] released on bail provided he furnishes a personal bond of Rs.1,00,000/- and two surety bonds of Rs.50,000/- each (out of which one surety shall be locaL) to the satisfaction of the learned trial court with the stipulation to appear before that Court on all dates of hearing and as and when called upon to do so.

(SANDEEP MEHTA),J 37-1/-

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Rajasthan High Court - Jodhpur