IMPORTANT POINT
The court emphasized the necessity of compliance with NDPS Act provisions for admissibility of evidence, granting bail due to procedural lapses and prolonged incarceration.

ORDER :

(Farjand Ali, J.)

1. The jurisdiction of this court has been invoked by way of filing an instant second bail application under Section 439 CrPC at the instance of accused-petitioners. The requisite details of the matter are tabulated herein below:

2. In nutshell the facts of the case are that on 02.08.2023 Shri Gopi Ram Sub- Inspector, PS Nokha, Bikaner along with his team during patrolling, tried to intercept the camper vehicle but upon seeing the police party, the driver of the camper immediately halted the vehicle and attempted to reverse direction. Due to suspicious behavior, the police team pursued the camper using a private vehicle and apprehended the driver. When questioned about his identity, the driver identified himself as Jagdish s/o Panna Ram Bishnoi R/o Raisar. Upon searching the camper vehicle, police recovered four plastic bags containing a total of 64 kg 310 grams of poppy husk. Subsequently, the petitioner Jagdish was arrested, and a case was registered against him under Sections 8/15 and 25 of the NDPS Act. During police interrogation, accused Jagdish revealed that the poppy husk was supplied to him by Bajran Bishnoi at the at his house about 7-8 days ago. Following this disclosure, the co-accused Bajran Bishnoi was arrested on 30.04.2024, and he too was charged under Sections 8/15 and 25 of the NDPS Act."

3. It is contended on behalf of the accused-petitioners that no case for the alleged offences is made out against them and their incarceration is not warranted. If the seizure of the contraband is not made as per the legal provision then the embargo contained under Section 37 of the NDPS Act is not applicable. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioners and they have been made an accused based on conjectures and surmises.

4. Contrary to the submissions of learned counsel for the petitioners, learned Additional Advocate General opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

5. I have considered the submissions made by both the parties and have perused the material available on record.

6. The vehicle was intercepted on 02.08.2023. The police team of Police Station Nokha, District Bikaner seized the vehicle in the presence of the petitioner Jagdish, in which 64 kg 310 gm poppy husk was found from four plastic bags. The contraband was seized. The accused Jagdish was arrested on 2.08.2023 as well as the accused Bajrang Bishnoi was arrested on 30.04.2024 and since then they are in judicial custody, thus, this Court feel persuaded to hear the bail application on merits.

7. After search and seizure, the petitioners were arrested on 2.08.2023 and 30.04.2024 respectively thereafter the articles which were seized at the spot were marked as ‘A’, ‘B’, ‘C’ and ‘D’. No inventory was prepared and verified in the presence of the Magistrate as per the provision of Section 52A of the NDPS Act and the samples so verified were not sent for scientific investigation. As per the mandate of law, the samples taken in the presence of a Magistrate should be sent to the Forensic Laboratory. Not making inventory in accordance with the guidelines issued by the Government issued vide Standings Order Nos.1/1988 & 1/1989 as well as the mandate of law contained under Section 52-A of the NDPS A