2022 (8) TMI 1424 - HC - Indian Laws

Smuggling - Ganja - contraband item - HELD THAT - The applicant is allowed to be released on bail on filing a bail bond in the sum of Rs.50,000/- with two sureties of the like amount to the satisfaction of the learned Trial Court with directions imposed to the applicant - application allowed.

Summary

Issues Involved:

1. False Implication
2. Age and Health of the Applicant
3. Previous Criminal Cases
4. Legality of Sample Drawing
5. Compliance with Standing Orders
6. Bail Conditions

Issue-Wise Detailed Analysis:

False Implication:
The applicant contended that he was falsely implicated in FIR No.552/2021 under Sections 20/29 of the NDPS Act, 1985, due to several complaints lodged by him against police officers. The applicant argued that the charges were fabricated.

Age and Health of the Applicant:
The applicant, aged about 70 years, highlighted his age as a factor for consideration in granting bail. The court acknowledged the applicant's age as mentioned in the FIR.

Previous Criminal Cases:
The State presented a status report indicating the applicant's involvement in other cases (FIR No.904/2014, FIR No.327/2018, and FIR No.739/2018) under various sections of the Indian Penal Code, 1860. The applicant was already on bail in these cases. However, these cases were unrelated to the NDPS Act charges in FIR No.552/2021.

Legality of Sample Drawing:
The applicant argued that the samples in the present case were not drawn in accordance with the law. He cited multiple verdicts to support his claim, emphasizing that the samples were not representative and were mixed improperly, thus violating the Standing Operating Procedure.

Compliance with Standing Orders:
The court examined the compliance with Standing Order 1/88 and Standing Order No.1/89 under Section 52A of the NDPS Act. The court noted that the samples should be drawn on the spot of recovery in the presence of witnesses and the person from whose possession the drug is recovered. The court found that the procedure followed in the present case did not align with the specified Standing Orders, as the samples were mixed and not representative of individual packets.

Bail Conditions:
Considering the above factors, the court allowed the applicant to be released on bail with the following conditions:
- The applicant shall not leave the country.
- The applicant must appear before the Trial Court as directed.
- The applicant must keep his mobile phone on at all times.
- The applicant must drop a PIN on Google Maps to ensure his location is available to the Investigating Officer.
- The applicant shall not commit any offense while on bail.

The court also stated that if any FIR/DD Entry/Complaint is lodged against the applicant, the State could seek cancellation of bail, which would be dealt with on its own merits.

Conclusion:
The court granted bail to the applicant, emphasizing the procedural lapses in sample drawing and considering the applicant's age and previous bail status in other cases. The application was disposed of with specific bail conditions to ensure compliance and monitoring.