JYOTISH KUMAR RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This is the second Bail Application on behalf of the applicant Jyotish Kumar Rai @ Jyotish Kumar Roy @ Jotish Kumar Roy @ Jotish Roy in connection with Saiko P.S. Case No. 09 of 2022, registered under Sec. 15(c)/25 N.D.P.S. Act, corresponding to N.D.P.S. Case No.31 of 2022, pending in the Court of Special Judge (N) Ranchi in which the prayer for bail has been renewed on the ground that the first Bail Application of the applicant was rejected in B.A. No. 8292 of 2022 vide order dtd. 14/10/2022 by this Bench.

(2.) It is also further submitted that while arguing this first Bail Application of the applicant, this legal position could not be brought in the knowledge of the Court that the sampling of the contraband was sent belated in utter violation of the provisions of the Central Government Notification of the year 1989.

(3.) It is also further submitted that similarly situated co-accused Jitendra Kumar Saw @ Jitendra Kumar Sah was granted bail by this Bench in B.A. No. 8459 of 2022 vide order dtd. 7/12/2022 and his Bail Application was allowed by this Bench on this very ground that the sampling was sent belated to the Forensic Science Laboratory in utter violation of provisions of Central Government Notification of the year 1989. This legal position can be raised at any time and on this ground the prayer for bail of the present applicant has been renewed. Learned Spl. P.P. vehemently opposed the contention made by the learned Counsel for the applicant and contended that the Central Government Notification of the year 1989 is no more in existence after coming into Rules which came into force on 23/12/2022 and in the Rules no specific period has been mentioned that the sampling should be sent within such time limit, therefore, the delay of 16 days cannot be accepted as a new ground for renewal of the bail. The first Bail Application of the applicant Jyotish Kumar Rai @ Jyotish Kumar Roy @ Jotish Kumar Roy @ Jotish Roy was rejected by this Court on 14/10/2022 in B.A.No. 8292 of 2022 and the ground of rejection of bail is that the recovered contraband was of commercial quantity and the sampling of the same was also taken from each bag and were sent to S.F.S.L.