Jaswant Singh vs State Of Rajasthan

Rameshwar Vyas, J

The instant bail application has been filed under Section 439 Cr.P.C. by the petitioner for grant of regular bail in connection with FIR No. 100/2021 registered at Police Station Tibbi, District Hanumangarh, for offences punishable under Sections 8/22 of Narcotic Drugs and Psychotropic Substances Act, 1985.

Heard learned counsel for the parties and perused the material available on record.

Learned counsel for the petitioner submits that as per prosecution story, apart from recovery of narcotic substance from the bag carried by the petitioner, personal search was also made by the police, however, no notice under Section 50 of NDPS Act was given to the petitioner. Counsel further submits that witnesses of the seizure were also not independent persons; so there is contravention of provisions of Section 100 Cr.P.C. Learned counsel for the petitioner submits that in absence of FSL report, charge-sheet is incomplete. Learned counsel while relying upon the judgments of Panjab and Haryana High Court in the case of State of Haryana vs. Dildar Ram @ Dari : CRM-M-25600-2021 decided on 15.7.2021; Rohitash @ Raju vs. State of Haryana : CRR-933 of 2022 (O&M) decided on 1.6.2022; and Rinku vs. State of Haryana : Criminal Revision No. 1150 of 2020 decided on 3.11.2020, submits that the petitioner is also entitled for default bail under Section 167(2) Cr.P.C.

On the contrary, learned Public Prosecutor has opposed the bail application.

Having regard to the submissions made by the learned counsel for the parties, this Court is of the considered opinion that though in NDPS Cases FSL report plays vital role, however, looking to the work load in FSL, State of Rajasthan, this Court does not deem it fit to release petitioner on bail under the provisions of Section 167(2) Cr.P.C., in the facts and circumstances of the case, particularly looking to the severity and stringent provisions of Section 37 of NDPS Act, without commenting on merits of the case, this Court is not inclined to grant indulgence of bail to the petitioner.

Accordingly, the bail application under Section 439 Cr.P.C. filed by the petitioner is dismissed. However, learned Public

Prosecutor is directed to make efforts to ensure that FSL report is received expeditiously in each and every case relating to NDPS cases.