KALYAN SHARMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is the first application u/S.439 Cr.P.C filed by the applicant for grant of bail. .

(2.) Learned counsel for the applicant submits that mandatory provision of sampling has not been followed. In fact, from each bag sample ought to have been taken which has not been done. In these situations, it cannot be presumed that in each bag there was Ganja. He relied on the decision of the Apex Court in Netram Vs. State of Rajasthan 2014 (1) CrLR (Raj.) 163 wherein it has been held that if the samples from each bag containing poppy husk/poppy straw have not been collected and test by U.N.Kit has not been conducted on each bag and if the Seizure Officer has taken out some quantity of narcotic drug from each bag and after mixing the same has taken out some portion for sample, then, the same is not in conformity with the Standing Instruction No.1/88 issued by the Narcotics Control Bureau, New Delhi, particularly, Instruction No.1.7 and, as such, it cannot be said that the narcotic contraband recovered in the matter is of commercial quantity or above.

(3.) Learned counsel for the applicant further placed reliance upon Criminal Misc. Bail Application No.9660/2021 (Omprakash Verma Vs. State of UP) passed by High Court of Judicature at Allahabad, Lucknow Bench wherein para 6 and 11, it has been held:-