FOJA SINGH Vs. STATE

JUDGEMENT

(1.) This application has been preferred for grant of bail to the petitioners facing trial before the learned Sessions Judge, Jammu, for the commission of offences contrary to Sections 15/16 of the Narcotic Drugs & Psychotropic Substances Act, 1985, pending at the stage of recording prosecution evidence after the frame of charge, inter alia on the grounds that (i) there has been violation of Section 57 of the NDPS Act as no report in respect of arrest and seizure under the Act has been submitted to immediate official superior within 48 hours next after such arrest and seizure; (ii) Forensic Science Laboratory report does not disclose the percentage of morphine detected in the sample of poppy straw after analysis; and (iii) the sample seized as per seizure memo is of 200 grams but the packet received by the FSL contains less than 100 grams of seized contraband and thus amounts to tempering of the sample.

(2.) The accusations, against the accused, enumerated from the record, in brief, are that 9.54 quintals poppy straw were seized from the possession of the accused. The truck, from which poppy straw seized, was loaded with arms and ammunition from Jabalpur and reached Police Line, Channi Himmat. That the truck remained halted at Police Line, Channi Himmat and when came out and proceeded towards Srinagar, the poppy straw was recovered from the truck. Police Line, Channi Himmat, is an area guarded by the police personnel. Accused, Foja Singh, is a driver of the truck and belongs to Police Force. Recovery of contraband has been made from the truck driven by Foja Singh and also from the house which is taken on rent by him, in presence of the accused. As per seizure memo, 200 grams of poppy straw (Bhuky) was taken as sample out of the seized contraband and sent for chemical analysis, of course, after having been sealed on spot and got re-sealed by the Magistrate. It was after the receipt of the information of the chemical analysis with regard to the contraband and on conclusion of the investigation, challan was presented in the Court of law. The accused/petitioners were charged under Sections 15/16 of the NDPS Act and statements of some of the witnesses cited in the challan have also been recorded.

(3.) The application stood contested by the respondent-State and in their objections it is stated that the accused are the employees of Police Department and have taken the undue advantage of the Uniform in carrying 9.54 quintals of poppy straw for sale. That the petitioners had also made an application for bail before the learned Sessions Judge, Jammu, which stood dismissed after taking into consideration all the pleas which have been taken by the petitioners in this application. Lastly, it is submitted that no fresh cause has been made out to maintain the application for the release of the petitioners on bail.