Gogaram vs State, Through P.p.

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in FIR No.467/2018 of Police Station Kotwali, Barmer for the offences punishable under Sections 8/15, 17, 18 and 29 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that as per the prosecution story, when the police raided house of the co-accused Dama Ram, they found Dama Ram and the petitioner in their house and from where they have recovered 3kgs. 100 gms. of opium filled in four polythene bags packed in a iron box. Apart from that the police have also recovered 750 gms. of opium from a scooty parked there. The police have also claimed that they have also recovered around 93kgs and 100 gms. of poppy straw from the room and Scorpio parked in front of that room belonging to Dama Ram which was filled in five bags. It is submitted that in the seizure memo, it is mentioned that the police have mixed opium found in four polythene bags and thereafter took out sample from it. It is also mentioned in the seizure memo that separate sample of 750 gms. of opium recovered from scooty parked in front of the house has also been taken separately. In the seizure memo, it is also mentioned that first the police have mixed the poppy straw filled in four bags and thereafter took out samples from it. It is submitted that the Seizure Officer PW-1 Luna Ram has also stated the said thing has confirmed in their statement that separate samples of opium and poppy straw have not been taken out from each bags containing opium as well as the poppy straw.

Learned counsel for the petitioner while placing reliance on the decision of this Court rendered in the case of Netram Vs. State of Rajasthan, reported in 2014(1) Cr.L.R. (Raj.) 163 has argued that this Court has held that if the samples from each bag containing poppy husk/poppy straw have not been collected and test by U.N.Kit has not been conducted on each bag and if the Seizure Officer has taken out some quantity of narcotic drug from each bag and after mixing the same has taken out some portion for sample, then, the same is not in conformity with the Standing Instruction No.1/88 issued by the Narcotics Control Bureau, New Delhi, particularly, Instruction No.1.7 and, as such, it cannot be said that the narcotic contraband recovered in the matter is of commercial quantity or above. It is, thus, prayed that the petitioners may kindly be enlarged on bail.

Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Section 439 Cr.P.C. is allowed and it is directed that petitioner Gogaram S/o Shri Ramaram shall be released on bail in connection with FIR No.467/2018 of Police Station Kotwali, Barmer provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of 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.