IMPORTANT POINT
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays in trial and legal defects in the prosecution's case.

ORDER :

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-petitioner. The requisite details of the matter are tabulated herein below:

2. The first bail application of petitioner came to be dismissed of by this Court vide order dated 27.02.2024 passed in SBCRLMB No.13237/2023. Hence, the instant bail application.

3. Briefly stated the facts of the case are that on 13.09.2021, during patrolling, when sthe SHO P.S. Chunawadh, District Sri Ganganagar along with him team reached near the three way, on seeing them, a man and woman sitting on the Activa bearing registration No.RJ13 SQ8208 and a person sitting on Motorcycle bearing registration No.RJ13 SD1748 tried to fled away from the spot but were apprehended, the persons sitting on Activa disclosed their names as Sumit & Simran and the rider of the Motorcycle disclosed his name as Karam Singh. Upon suspicion, a search was made wherein 18 boxes carrying 360 strips (in all 3600 Tablets) of Tramadol Prolonged release Tablets IP Tramwedi SR 100 (1440 grams in weight) were recovered from a bag carried on Activa whereas upon being search of Motorcycle, a black ploythene bag was containing seven boxes of 140 strips containing 1400 Tramadol prolonged release Tablets IP Tramwel SR 100 (560 grams in weight) was recovered from the handle of the vehicle. Upon interrogation, it was disclosed that the recovered contraband was purchased by them from Lakhvindra Singh @ Lakha, R/o Setiya Farm. After search and seizure, the Investigating Officer seized the medicinal drugs, took the samples from it and sent the same for its chemical examination; the accused persons were arrested and a case under Sections 8/22 and 29 were registered against them.

4. It is contended on behalf of the accused-petitioner that no case for the alleged offences is made out against him and his incarceration is not warranted. The petitioner is behind the bars since 13.09.2021. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises.

5. Contrary to the submissions of learned counsel for the petitioner, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

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

7. It is revealing from the record that the petitioner is behind the bars in this case since 13.09.2021 in connection with recovery of seven boxes containing 140 strips of 1400 Tramadol prolonged release Tablets IP Tramwel SR 100 (560 grams in weight) from the handle of the petitioner’s Motorcycle. After usual investigation, the Investigating Officer took samples and sent them to the FSL for its chemical examination. The co-accused Lakhvindra Singh @ Lakha has already been enlarged on bail by this court vide order dated 24.09.2024 passed in SBCRLMB No.8768/2024.

8. It is an admitted situation that the samples which were taken by the Seizing Officer from the spot on 13.09.2021 were sent to the FSL for chemical examination but the same were not taken in the presence of the Magistrate Not making inventory in accordance with the guidelines issued by the Government vide Standings Order Nos.1/1988 & 1/1989 as well as the mandate of law contained under Section 52-A of the NDPS Act is a serious question which if decided in favour of the accused, then his conviction cannot