HIGH COURT OF JUDICATURE FOR RAJASTHAN

BENCH AT JAIPUR

S.B. Criminal Miscellaneous Bail Application No. 8405/2022

1.

Krishan Kumar S/o Sitaram, Aged About 23 Years, R/o

Near Lal Darwaza Kama Police Station Kama District

Bharatpur (Raj.) (Presently Accused Confined In Alwar

Central Jail)

2.

Rahul S/o Rajkumar, Aged About 31 Years, R/o Main

Bazar Nagar, PS Nagar, District Bharatpur Presently R/o

Tenant Ashoka Takies Mohalla Alwar (Presently Accused

Confined In Alwar Central Jail)

----Petitioners

Versus

State Of Rajasthan, Through P.P.

----Respondent

For Petitioner(s)

:

Mr. Abhinav Sharma

For Respondent(s)

:

Mr. Mangal Singh Saini, Public

Prosecutor

HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

Order

11/10/2022

This bail application has been filed under Section 439

Cr.P.C in connection with FIR No.159/2022 registered at Police

Station Kotwali, District Alwar for the offences under Sections

8/21 & 8/22 of NDPS Act.

Learned counsel for the petitioners submits that the

alleged contraband items have not been seized from the

possession of the petitioners and as per law, the quantity is not

commercial in nature as the small quantity is 10 grams and the

commercial quantity is 1 Kg or above for Codeine. Counsel further

submits that the quantity of the psychotropic substance as

admitted by the drugs office is 10 mg/5 ml and since the bottle is

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[CRLMB-8405/2022]

of 100 ml and if taken in its entirety without excluding any other

chemical/liquid present, quantity of psycotropic substance would

amount to 200 mg/100 ml in each bottle and in seized 1647

bottles, it would amount to 3,29,400 mg/1,64,700 ml i.e. 0.3294

Kg/164.70 liters and the same is actually density not the weight of

the psychotropic substance which also is lesser than the

commercial quantity and that quantity would vary again as the

concentration of the base solvent is neither reported in FIR nor in

the reports of Drugs Inspector. Thus, the lower Court proceeded to

reject the bail application on the basis of a miscalculation in

determining the quantity of the contraband substance. Further, the

Court below was persuaded with false and incorrect fact that there

is a case under NDPS Act pending against the petitioners as the

FIR No.132/2022 was neither registered against the petitioners

nor they were named in the FIR. Counsel further submits that

taking the entire quantity of liquid as such with the narcotic

substance named “Codeine Phosphate”, the quantity was not

commercial and the Court below in a mechanical manner

considered the same to be of commercial in nature. Therefore,

looking to the facts and circumstances of the case, the petitioners

may kindly be released on bail.

Learned Public Prosecutor has strongly opposed the bail

application.

During the course of arguments, learned Public

Prosecutor has submitted factual report, which is taken on record.

A copy of the same has also been supplied to learned counsel for

the petitioners by the learned Public Prosecutor.

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[CRLMB-8405/2022]

Learned Public Prosecutor further submitted that the

alleged recovery has been made at the instance of the petitioners

and alleged recovered contraband is more than commercial

quantity. Hence, the bail application of the petitioners may be

rejected.

Heard. Perused the material available on record.

As per rejection bail order, the alleged contraband was

recovered from the possession of the petitioners and as per

factual report, the said recovered contraband is more than

commercial quantity.

The relevant Para of factual report reads as under:

The Codeine Phosphate falls under NDPS

category, small quantity of which is 10 grams and the

commercial quantity is 1 Kilograms. Narcotic substance

contained in Codeine Phosphate as per the composition of

Welcyrex Cough Syrup (Chlorpheniramine maleate &

Codeine Ph