HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR.

….

S.B. Criminal Misc. Bail Application No. 4970/2022

Sandeep S/o Abbu Singh, aged about 22 years, B/c Rai Sikh R/o

Sindhi Camp Dist. Raisen M.P.

(At Present Is In J.c. Dist. Jail Churu)

----Petitioner

Versus

State Of Rajasthan through PP

----Respondent

Connected With

S.B. Criminal Misc. Bail Application No. 4974/2022

(Second Bail)

1.

Munni Bai @ Rampyari W/o

Mangu Singh @ Khechand,

aged about 60 years, B/c Rai

Sikh, R/o Sindhi Camp, Police

Thana Badi, Dist. Raisen (MP).

(Presently Lodged In Dist. Jail,

Churu).

2.

Pappi Bai W/o Bhupendra D/o

Pallu, aged about 20 years, B/c

Rai Sikh, R/o Sindhi Camp,

Police Thana Badi, District

Raisen (MP).

(Presently Lodged In Dist. Jail,

Churu).

----Petitioners

Versus

State Of Rajasthan through PP

----Respondent

For Petitioner(s)

:

Mr. Mangi Lal Vishnoi.

For Respondent(s)

:

Mr. Laxman Solanki, PP.

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[CRLMB-4970/2022]

HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Order

21/04/2022

The present bail applications have been filed under Section

439 Cr.P.C. on behalf of the petitioners, who are in judicial custody

in connection with F.I.R. No. 93/2021, Police Station Kotwali,

District Churu, registered for the offences punishable under

Sections 8/15 & 29 of the Narcotic Drugs and Psychotropic

Substances (NDPS) Act.

Heard learned counsel for the petitioners as well as learned

Public Prosecutor. Perused the material available on record.

Learned counsel for the petitioners stated that the first bail

application (No. 6139/2021) of the accused-petitioners, namely,

Munni Bai @ Rampyari W/o Mangu Singh @ Khechand and Pappi

Bai W/o Bhupendra D/o Pallu was rejected on 24.06.2021 with

liberty to file fresh bail application after recording of the statement

of the Seizure Officer; that thereafter, the statement of the

Seizure Officer has been recorded by the learned Trial Court as

PW-1; that as per the statement of the Seizure Officer (PW-1), the

contraband in question was recovered from three accused persons

in six ragzine bags and two clothes bags; that it was admitted by

the Seizure Officer (PW-1) during the course of examination-in-

chief as well as cross-examination that all the contraband was

collected on a Tirpaal and was mixed by using the hands and

thereafter, the contraband in question was put in six bags

separately and thereafter, the samples were taken from the bags,

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[CRLMB-4970/2022]

therefore, it is a clear-cut violation of the guidelines issued by this

Court in the case of Net Ram Vs. State of Rajasthan, reported

in 2014 (2) R.Cr.D. 94 (Raj.); that all the three accused-

petitioners are in custody since 08.04.2021; that the accused-

petitioners of Bail Application No.4974/2022 are ladies; and that

further trial will take time, therefore, benefit of bail may be

granted to the accused-petitioners.

Per contra, learned Public Prosecutor has vehemently and

fervently opposed the bail application of the accused-petitioners

and stated that in the present case, total 60 kgs. of poppy-straw

have been recovered from the accused-petitioners which is

commercial quantity and, therefore, Section 37 of the NDPS Act is

clearly attracted in present case.

Having regard to the facts and circumstances of the case,

particularly looking to the facts that admittedly, the samples were

taken after mixing the contraband on a Tirpaal and after putting

the same into bags and, therefore, this is clear-cut violation of the

guidelines issued by this Court in the case of Net Ram Vs.

State of Rajasthan (supra); that conditions under Section 37 of

NDPS Act are satisfied in present case and that further trial will

take sufficiently long time, therefore, without expressing any

opinion on the merits/demerits of the case, this Court is of the

opinion that the bail applications filed by the petitioners deserve to

be accepted.

(4 of 4)

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