SANDEEP Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The applicant has filed the present bail application under Sec. 483 of BNSS being aggrieved against the order dtd. 4/8/2025 passed by the learned Special Judge, NDPS Cases (Additional Sessions Judge), Begun, District Chittorgarh in Criminal Misc. Case No.321/2025 (Sessions Case No. 36/2024), whereby the bail application filed by the accused-applicant under Sec. 483 of B.N.S.S. was rejected. The accused-applicant is behind the bars, pursuant to the F.I.R. No.09/2024 registered at Police Station Begun, District Chittorgarh for the offence punishable under Ss. 8/15 of NDPS Act.

(2.) Briefly stated, the prosecution case is that, acting upon secret information received regarding the transportation of a huge quantity of poppy straw in a Scorpio car bearing Registration No. RJ-10-UA 9154, on 19/1/2024 at 3:55 A.M., a blockade was arranged and at about 4:15 A.M., i.e., before sunrise, the said Scorpio car was seen approaching the blockade and allegedly attempted to flee. However, a stop stick was placed, due to which the tyre of the car got punctured, and subsequently, the persons travelling in the Scorpio car were apprehended. On being asked, the driver disclosed his name as Sandeep S/o Amilal, whereas the co-occupant disclosed his name as Shubhkaran S/o Tilokram. Upon inspection of the Scorpio car, several black-coloured sacks were found, which were allegedly containing poppy husk. Upon weighment, the total quantity of the contraband was found to be 346 kilograms and 800 grams. After filing the charge-sheet before the competent Criminal Court, charges were framed, and the trial is presently going on, inasmuch as, out of the 17 prosecution witnesses, 4 witnesses have been examined by the learned trial Court.

(3.) Learned counsel for the applicant submitted that the search of the vehicle in question was conducted between sunset and sunrise, and no reasons for conducting such search were recorded, whereas, as mandated under Sec. 42(1) of the NDPS Act, the seizure officer is required to record the reasons of his belief before carrying out such search. He further submitted that, admittedly, the samples were sent to the Forensic Science Laboratory after a gross delay of 170 days, which amounts to total non-compliance with the Narcotic Drugs & Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 (hereinafter referred to as "the Rules of 2022"). Learned counsel further contended that Chandrashekhar S/o Sh. Ramesh Chandra, Seizure Officer (PW-3) has admitted the aforesaid fact that there was an inordinate delay in sending the samples and that there was non-compliance with the Rules of 2022 insofar as the sampling procedure is concerned. He further submitted that the Seizure Officer has also admitted that even samples were neither prepared nor produced before the Magistrate, as mandatorily required under Sec. 52-A of the NDPS Act, and that the requisite certification by the Magistrate is also missing in the present case. Learned counsel further submitted that the applicant has been in judicial custody for the last two and a half years, and despite such prolonged incarceration, only 4 out of the 17 prosecution witnesses have been examined by the learned Trial Court. Learned counsel, therefore, prayed that the applicant be enlarged on bail.