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VIJAY BISHNOI
Lakvindra – Appellant
Versus
State – Respondent
JUDGMENT
Vijay Bishnoi, J. - Heard learned counsel for the parties and perused the material on record.
2. The petitioners have been arrested in FIR No.178/2019 of Police Station Bhanipura, Distt. Churu for the offences punishable under Sections 8/15 of the NDPS Act. They have preferred this second bail application under Section 439 Cr.P.C.
3. Learned counsel for the petitioners has submitted that it is clear from the statement of Seizure Officer namely Malkiyat Singh (PW-2), the then SHO of Police Station Bhanipua that 10 bags containing poppy husk (total weighing 380 kgs) were seized and the Seizure Officer first mixed the said poppy husk on a tarpaulin and thereafter took two samples of 250 gms each from that mixture. Thus, it is clear that the Seizure Officer did not collect separate samples from each bag. It is also submitted that the I.O. has not stated that the test by the U.N. Kit was carried out on each bag before taking small quantity of poppy husk for samples.
4. 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
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 emphasized that proper sampling procedures must be followed in drug cases, and long incarceration can justify bail despite stringent conditions under the NDPS Act.
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.
All drugs shall be classified, carefully, weighed and sampled on spot of seizure.
Point of law: It cannot be ascertained beyond reasonable doubt that the other bags also contained contraband on the basis of presumption.
Possession of narcotic contraband below commercial quantity can be a basis for granting bail under Section 439 Cr.P.C.
The court emphasized the necessity of compliance with NDPS Act provisions for admissibility of evidence, granting bail due to procedural lapses and prolonged incarceration.
The court established that non-compliance with mandatory provisions of the NDPS Act can render evidence inadmissible, and that prolonged detention without trial can justify the grant of bail despite ....
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