PRAMOD SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 Cr.PC. in connection with FIR No.486/2021 registered at Police Station Aravali Vihar, District Alwar for offences under Ss. 8/20, 8/25, 8/29 and 8/60 of the NDPS Act and Ss. 420, 467, 468, 471 and 34 IPC.

(2.) According to the prosecution case, on 10/9/2021, a truck bearing No.MP 07 HB 2919, followed by one Brezza Car No.UP 85 BE 9149 were intercepted. There were four persons in the truck. On asking, the driver disclosed his name as Rinku while other three persons disclosed their names as Rakesh Kumar, Pramod Singh, petitioner herein and Lakhan Singh respectively. In search of the truck, a total 383 bundles of contraband, kept in 96 sacks were found. On the basis of service experience, it was found by the seizure officer as well as the other team members that in these bundles, contraband Ganja was kept. On asking, the driver of the Brezza car disclosed his name as Akhilesh Sharma @ Pandit and in search of the said car, two bags containing contraband Ganja weighing 46.7 Kgs were recovered. The contraband kept in 96 bags recovered from the truck were divided in three lots of 40, 40 and 16 kgs respectively. Two samples from each lot, after mixing the entire material from all the bundle were prepared. On the basis of aforesaid recovery, all these persons were arrested and taken into custody and a formal FIR No.486/2021 was registered at the Police Station Aravali Vihar, District Alwar.

(3.) Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case. Counsel for the petitioner further submits that in the present case, samples were drawn in violation of Standing Order No.1/88 issued by the NCB, New Delhi as the Seizure Officer was required to take separate sample from each bundle. Counsel further submits that the procedure of sampling has to be done in accordance with the directions given by the Apex Court in the case of Gaunter Edwin Kircher vs State of Goa, Secretariat Panaji, Goa (AIR 1993 SC 1456) decided on 16/3/1993 in which it was clarified that sample has to be taken from each packet.