WALI HASSAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Daya Shankar Mishra, learned Senior Advocate assisted by Mr. Abhishek Mishra, learned counsel for the applicant and learned A.G.A. for the opposite party-State.

(2.) The present criminal misc. bail application has been filed on behalf of applicant- Wali Hasan to release him on bail in Case No.1392 of 2019, under Ss. 8, 20, 29, 60 and 3 of N.D.P.S. Act, Police Station- Baradari, District- Bareilly.

(3.) Learned Senior Counsel on behalf of the applicant submitted that sub-Inspector lodged a first information report on 17/11/2019 against the applicant and two others with the allegation that on the basis of information received, first informant seized a truck on 17/11/2019 at 12:45 hours, which was alleged to be driven by applicant and carrying 91 packets of Ganja weighting about 201 K.G. He further submitted that 91 packets of alleged contraband (Ganja) in 8 Bags (Bora) was alleged to be recovered from inside of truck but only 1 packet weighting 1 K.G. (Ganja) out of 91 Packets was sent for chemical examination so utmost 1 K.G. can be said to be Ganja but remaining 200 K.G. cannot be said to be Ganja or any other contraband unless there is proper sampling and its chemical examination. He further submitted that it is not mentioned in the recovery memo that from each 91 packets, sample of alleged contraband (Ganja) was taken and sent for chemical examination, as such, the procedure of sampling adopted by the police authority is in violation of Standing Order / Instruction No.1 of 1989 dtd. 13/6/1989 issued by the Government of India under Sec. 52 A of N.D.P.S. Act. He has placed reliance upon Clause 2.1 to 2.8 of Standing Order / Instruction No.1 of 1989, which are as follows: