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VIJAY BISHNOI
Narendra Kumar – Appellant
Versus
State of Rajasthan – Respondent
JUDGMENT
Vijay Bishnoi, J. - Heard Mr. Ram Narayan and Ms. Ravina, nephew and daughter of the petitioner respectively present in person, as well as learned Public Prosecutor and also perused the material on record.
2. The petitioner has been arrested in FIR No.8/2018 of Police Station Bhesrodagarh, District Chittorgarh for the offences punishable under Section 8/15 NDPS Act. He has preferred this second bail application under Section 439 Cr.P.C.
3. Mr. Ram Narayan and Ms. Ravina, nephew and daughter of the petitioner respectively present in person, have submitted that the petitioenr is in custody from the date of incident i.e. 18.01.2018. It is also submitted that as per the prosecution story, the police have recovered 5176.190 kgs. of poppy straw from a truck, which was dirven by the petitoner, and out of those poppy straw, 3858.400 kgs. of poppy straw was stuffed in 174 bags whereas 1317.790 kgs. of poppy straw was found scatterd in the truck. It is further submitted that the Seizure Officer has prepared a recovery memo, in which, it is mentioned that out of thouse 174 bags, 100 gms. of poppy straw were taken out from each bag then mixed the same and thereafter sampes were taken out
Improper sampling methods in narcotics cases can lead to doubts about the classification of seized substances, impacting the likelihood of conviction and the granting of bail.
The court denies bail without expressing an opinion on the merits of the case.
The court has the discretion to grant bail after considering the totality of the facts and circumstances of the case.
The court ruled that the conditions for bail under Section 37 of the NDPS Act were not satisfied due to the serious nature of the offences and the substantial quantity of contraband involved.
The court's decision was primarily based on the lack of clarity in the method of drawing samples of the seized narcotic drug, the quantity seized being less than the commercial quantity, and the leng....
The main legal point established in the judgment is that the determination of the quantity of contraband and the application of bail provisions under the NDPS Act should be based on a realistic and p....
The court has the discretion to grant bail after considering the totality of the facts and circumstances of the case.
The court considered the Seizure Officer's compliance with standing instructions and took a lenient view due to the officer's bona fide error and undertaking for future compliance, leading to the gra....
Bail granted in NDPS case due to insufficient evidence and adherence to mandatory procedures.
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