Improper evidence collection under NDPS Act can lead to bail eligibility despite serious charges, emphasizing adherence to statutory procedures and the right to personal liberty.

ORDER :

FARJAND ALI, J.

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

2. The concise facts of the case as alleged in the FIR are that on 31.08.2024, at about 1:30 PM, near Jalore Crossing, Sri Lakshman Singh, SHO, Police Station Rohat and his team intercepted a truck bearing registration number RJ-19-GJ-0227 which wasbeing driven by the petitioner. It is alleged that upon search of the vehicle, recovered 63 packets of Ganja (One quintal 650 grams in weight) came to be recovered. The petitioner was arrested and since then he is behind the bars. Now, more than one and half years have lapsed but the trial is not going to be culminated and still it seems that a further long time shall be taken in conclusion of the same.

3. 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. 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.

4. 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.

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

6. Perusal of the record reveals that the Seizing Officer Sri Laxman Singh was examined in trial as P.W. 1. His team recovered 63 packets of Ganja weighing 1 quintal and 650 grams from the vehicle. His team opened all the packets, lowered the substance on a tripal and whereafter the entire commodity of 63 packets were mixed together and the samples were taken from the ad- mixuture and then sent to the FSL. Admittedly, samples from each bag has not been taken individually rather the samples were collected from a mixtures of all bags and the mixed sample was sent to the FSL for chemical examination, which is contrary to the Standing Order Nos.1/1988 & 1/1989 issued by the Government Of India.

7. This court has passed a detailed order in S.B. Criminal Misc. 3rd Bail Application No. 1162/2022; Ramchandra v. State of Rajasthan, decided on 27.05.2022 wherein the rules pertaining to sample collection contained in Standing Order No. 1/1989 dated 13.06.1989 issued by Government of India under Section 52A of NDPS Act have been enumerated inter alia other aspects. The relevant para No.4 has been reproduced as under:-

"4. Heard learned counsel for the petitioner and learned public prosecutor. Perused the material available on record. The argument that collection of samples was not proper and in accordance with the procedure of sampling as per Standing Order No. 1/1989 seems to be worth considering. Clause 2.1 to 2.8 of the Violation Order/ Instruction No.1 of 1989 dated 13.6.1989 issued by the Government of India under Section 52 A of N.D.P.S. Act are of relevance to the present set of facts and are as follows:

2.1 All drugs shall be classified, carefully, weighed and sampled on the spot of seizure.

2.2 All the packages/containers shall be numbered and kept in lots for sampling. Samples from the narcotic drugs and psychotropic substances seized, shall be drawn on the spot of recovery, i