NARAIN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This application for bail under Sec. 439 Cr.P.C. has been filed by the petitioner who has been arrested in connection with F.I.R. No.180/2022 registered at Police Station Bhadesar, District Chittorgarh for the offences under Ss. 8/15 and 8/29 of the NDPS Act.

(2.) Heard learned counsel for the petitioner and learned Public Prosecutor. Perused the material available on record. Learned counsel for the petitioner submitted that as per prosecution, on 8/11/2022, the SHO, Police Station Bhadesar, District Chittorgarh flagged down a car bearing registration No.GJ08-BS-6609. Learned counsel further submitted that two persons were sitting in the car, who on seeing the police party, tried to flee away from the spot. Learned counsel submitted that as per prosecution, one person namely Narayan S/o Shankar Lal Jat was apprehended by the police on the spot however, the petitioner was successful in fleeing away from the place. Learned counsel submitted that after observing mandatory formalities, the police team recovered contraband (poppy husk/poppy straw) weighing 134 kg. from the offending vehicle.

(3.) Learned counsel submitted that the petitioner has been falsely roped in the present case. Learned counsel submitted that recovery of contraband was made on 8/11/2022, the sample of contraband were sent to the FSL only on 15/11/2022 i.e. after seven days of the alleged recovery; that the samples have been sent to the FSL after 72 hours of the seizure, whereas as per Clause 13 of Standing Order No.01/88 issued by the Narcotic Control Bureau, the samples are required to be sent for FSL examination within 72 hours of the seizure. It was submitted that in the present case, the samples were sent beyond the 72 hours period and thus, the possibility of samples being tampered with cannot be ruled out. Learned counsel submitted that co-accused - Narayan S/o Shankar Lal Jat who was arrested by police on the spot has already been enlarged on bail by a co-ordinate Bench of this Court vide order dtd. 22/6/2023. Learned counsel submitted that the case of the present petitioner is not distinguishable from that of the co-accused - Narayan S/o Shankar Lal Jat who has already been enlarged on bail. Learned counsel submitted that the petitioner was not arrested on the spot and the contraband greater than was not recovered from conscious possession of the petitioner; challan against the petitioner has already been filed; the petitioner is in judicial custody and the trial of the case will take sufficiently long time.