RAMESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has been arrested for violating the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), as per FIR No. 66/2023 registered at Police Station Banar in District Jodhpur City (East) in respect of offence(s) punishable under Sec. (s) 8/15 of NDPS Act and 3/25 of Arms Act. He has approached this Court under Sec. 439 of the Cr.P.C. seeking bail. Earlier two applications for bail were disposed of because they were not pressed or withdrawn by the petitioner.

(2.) On the basis of a seizure effected by S.H.O. of police station Banar (District Jodhpur), a formal FIR mentioned above was registered against the accused alleging inter alia that based on an information received, the Station House Officer of Banar police station, during a blockade after the sunset, recovered 660 kgs. of illegal poppy straw from the possession of the applicant Ramesh in an unnumbered Isuzu car.

(3.) Learned counsel representing the petitioner vehemently argued that the statement of seizure officer Sita Ram has already been recorded during the trial. He drew the attention of the Court to the statements made by him. His contention is that in the present case, the mandatory legal provisions related to the method of drawing samples and Sec. 42 of the NDPS Act regarding night searches and satisfaction of the seizure officer have not been followed during the search and seizure proceedings. Prima facie, the seizure is rendered illegal due to these non-compliances of mandatory seizure and sampling procedures. It is also argued that the petitioner is an innocent person and a false case has been fabricated against him; that the prosecution's case is based on surmises and conjectures instead of sound legal evidence. With the aforementioned submissions, it was prayed that the present petition be allowed and the petitioner may be granted bail.