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2022 Supreme(Raj) 3043
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Manoj Kumar Garg, J.
Narendra Rahar – Appellant
Versus
State, Through PP – Respondent
S.B. Criminal Miscellaneous Bail Application No. 2200/2022
Decided On : 22-09-2022
Mr. Rakesh Matoria, for the Appellant; Mr. S.K. Mehar, PP Dr. Jaya Rathore, Senior Scientific Officer (Chemical), Regional Forensic Science Laboratory, Jodhpur., for the Respondent
The court's decision to grant bail was influenced by the FSL report indicating the presence of substances not listed under the NDPS Act and the expected lengthy trial duration.
Headnote:
NDPS Act - Bail Application - The court granted bail to the accused petitioner under Section 439 Cr.P.C after considering the FSL report and the non-listed substances under the NDPS Act.
Fact of the Case:
The petitioner was arrested for the offence punishable under Sections 8/22, 25 and 25 of NDPS Act based on the FSL report indicating the presence of certain substances in the sample tablets.
Finding of the Court:
The court, without expressing any opinion on the merits of the case, deemed it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.
Issues: The main issue was the grant of bail to the accused petitioner in connection with the NDPS Act case.
Ratio Decidendi: The court considered the FSL report indicating the presence of substances not listed under the NDPS Act and the fact that the trial of the case would take a long time to be concluded in granting bail to the accused petitioner.
Final Decision: The bail application filed under Sec.439 Cr.P.C was allowed, and the accused petitioner was directed to be released on bail upon fulfilling certain conditions.
ORDER
1. The petitioner has been arrested in connection with FIR No.164/2021 of Police Station Sangaria, Distt. Hanumangarh for the offence punishable under Sections 8/22, 25 and 25 of NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.
2. Counsel for the petitioner submits that now the FSL report has been received in which it has clearly mentioned that the sample tablets packed in the packet marked ’A’ gave positive tests for the presence of Chlorpheniramine, Dicyclomine and Diclofenac and presence of Tramadol could not be detected in the sample of tablets packed in the packet. The weight of ten tablets is 7.76 gram. It is further submitted by the counsel that in the note of the FSL report, it is also mentioned that Chlorpheniramine, Dicyclomine and Diclofenac are not listed under the NDPS Act. Challan of the case has already been presented. The accusedpetitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of bail should be granted to the accused-petitioner.
3. Learned Public Prosecutor has opposed the bail application.
4. 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.
5. Accordingly, the bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Narendra Rahar S/o Ramgopal, shall be released on bail in connection with FIR No.164/2021 of Police Station Sangaria, Distt. Hanumangarh provided he executes a personal bond in a sum of Rs.2,00,000/-with two sound and solvent sureties of Rs.1,00,000/- 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.
