SANDEEP KUMAR Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-petitioners have laid these two separate bail applications under Section 439 Cr.P.C. arising out of FIR No.418/2017 registered at Police Station Hanumangarh Junction District Hanumangarh. In the FIR, both the petitioners are charged for offence punishable under Section 8 / 15 of the NDPS Act.

(2.) At the behest of both the petitioners earlier two separate bail applications were filed bearing No.9192/2017 and 9193/2017, respectively. Both the bail applications were heard together and dismissed on 3rd of November, 2017.

(3.) Arguing on these bail applications, on behalf of petitioners, it is submitted by learned counsel Ms. Vaibhav Bishnoi, that after rejection of first bail applications there is substantial change in the circumstances inasmuch as upon completion of investigation charge-sheet in the matter has been filed. It is also argued by learned counsel that in fact as per prosecution case contraband poppy straw recovered in the matter was shown 54 kgs stuffed in three bags of 18 kgs. each but while weighing the same the weight of the containers, i.e., bags, is also included. Elaborating her submissions in this behalf, learned counsel has argued that if the weight of three bags is excluded then the contraband recovered in the matter comes to marginally above commercial quantity. Alternatively, it is also argued by learned counsel that in fact the contraband poppy straw recovered in the matter was of even quantity between both the petitioners, and therefore, if the total recovered contraband is divided into two parts, share of each of the petitioner comes to less than commercial quantity. Stressing on this alternative submission, learned counsel submits that this sort of situation has toned down the embargo envisaged under Section 37 of the NDPS Act for grant of bail. Lastly, learned counsel has argued that petitioners are in custody since 30.08.2017 and there are no other criminal antecedent of them showing their involvement in any other offence much less under the NDPS Act .