BANSHI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-Petitioner has laid this second bail application under Sec. 439 Cr.P.C. arising out of FIR No. 118/2017 registered at Pur Police Station, District Bhilwara for the offence under Sec. 8/15 of the NDPS Act.

(2.) The first bail application on behalf of petitioner bearing No.9103/2017 was dismissed as not pressed on 2/11/2017 with liberty to renew prayer after submission of charge-sheet.

(3.) Arguing on this second bail application, it is submitted by learned counsel that now upon completion of investigation, charge-sheet in the matter has been filed which is a material change in the circumstances. It is also submitted by learned counsel that contraband Poppy Straw recovered in the matter is though above commercial quantity but the same is marginally higher than commercial quantity, inasmuch as, as per prosecution also the recovered contraband from the petitioner is 59 kg including the weight of the container. It is also submitted by learned counsel that contraband Poppy Straw recovered from two gunny bags, i.e., one packet containing 35 kg 500 grams and other 23 kg 500 grams but while drawing samples small quantity of 250 grams poppy straw was collected from each bag and thereafter cumulatively 500 grams was divided into two samples for examination by FSL. Learned counsel submits that by mixing 250 grams of poppy straw taken from each gunny bag for preparation of samples, the Seizure Officer has flagrantly violated the norms for drawing samples, which has substantially diminished possibility of conviction of petitioner for offence under Sec. 8/15(c) of the NDPS Act. In support thereafter, learned counsel has placed reliance on a decision of Netram vs. State of Rajasthan , 2014 2 WLN(Raj) 394.