IMPORTANT POINT
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays and procedural lapses.

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-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.4017/2023. Hence, the instant bail application.

3. Briefly stated the facts of the case are that on 13.09.2021, when the SHO P.S. Chunawadh, District Sri Ganganagar along with him team while on patrolling duty 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 all 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 and during search of Motorcycle, a black ploythene bag containing seven boxes of 140 strips containing 1400 Tramadol prolonged release Tablets IP Tramwel SR 100 (560 grams in weight) were recovered from the handle of the vehicle. Upon interrogation, it was disclosed that the recovered contraband was purchased by them from one 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 her and her 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 she 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 18 boxes carrying 360 strips (in all 3600 Tablets) of Tramadol Prolonged release Tablets IP Tramwedi SR 100 (1440 grams in weight) which was recovered from a bag carried on Activa. After usual investigation, the Investigating Officer took samples and sent them to the FSL for its chemical examination. The co-accused Lakhvindra Singh @ Lakha and Karan Singh have already been enlarged on bail by this court vide order dated 24.09.2024 & 16.10.2024 passed in SBCRLM2ndB Nos.8768/2024 & 8767/2024.

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 Ac