JAGDISH NATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner who is in custody in connection with F.I.R. No.515/2020, Police Station Sardarshahar, District Churu, for the offences punishable under Sections 8/15, 20 N.D.P.S. Act.

(2.) Learned counsel for the petitioner stated that the learned trial court assed the rejection order on the ground that 10 kg 900 gram poppy straw and 21 kg 800 gram Ganja were recovered from the petitioner which is commercial quantity whereas as per the last page of seizure memo weight of empty black bag (xxx xxx) is 2 kg, therefore, recovered quantity of Ganja is less than commercial quantity. With these submissions, learned counsel for the petitioner prayed that benefit of bail may be granted to the petitioner.

(3.) Per contra, learned Public Prosecutor fervently and vehemently opposed the bail application of the accused-petitioner and stated that black coloured bag (xxx xxx) contained poppy straw whereas as per seizure memo, Ganja was present in white coloured plastic bag (katta) and plastic bag (katta) not having weight of 2 kg and no separate weight of white coloured plastic bag (katta) was mentioned in the seizure memo. Learned Public Prosecutor further stated that measurement was taken by digital weighing scale.