RAM SINGH AND ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-Petitioners Ram Singh and Deepu Ram have laid these two separate bail applications under Sec. 439 Cr.P.C. arsing out of common FIR No.105/2017 of Police Station Sadar, District Pali, wherein both are charged for offences punishable under Secs. 8/15 and 29 of the NDPS Act, therefore, both are heard together and disposed of by a common order.

(2.) It is argued by learned counsel for the petitioners that search and seizure proceedings undertaken in the matter were in clear negation of Sec. 42 of the NDPS Act, which has vitiated the entire search and seizure proceedings. Learned counsel have contended that search and seizure proceedings were undertaken by Sub-Inspector Babu Singh, who at the relevant point of time was not SHO of the Police Station concerned. In support of his contentions, learned counsel have placed reliance on a decision of this Court in Gopal and Ors. Vs. State of Rajasthan (Criminal Misc. Petition No.3073/2014) decided on 1/9/2017. Learned counsel have also argued that there is no criminal antecedent of the petitioners showing their involvement in any other offence under the NDPS Act.

(3.) Learned Public Prosecutor has opposed the bail applications of petitioners. It is also argued by learned Public Prosecutor that contraband recovered in the matter is much higher than the commercial quantity, therefore, rigor of Sec. 37 is clearly attracted.