MADAN LAL Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioner has been arrested in FIR No.13/2019 of Police Station Sahwa District Churu for the offences punishable under Sections 8/15, 8/25 of NDPS Act and under Sections 307, 332, 353, 34 IPC and under Section 3 of PDPP Act. He has preferred this bail application under Section 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that it is clear from the statement of Seizure Officer Ramvilas (PW-1), the then SHO of Police Station, Sidhmukh that seventeen plastic bags containing poppy husk weighing 219 kgs. were recovered by the police and the Seizure Officer first took 100 gms.of poppy husk from each bag, then he mixed the same and thereafter took sampels from that mixture. Thus, it is clear that the Seizure Officer did not collect separate samples from each bag. It is also submitted that the Seizure Officer . has not stated that the test by the U.N. Kit was carried out on each bag before taking same quantity of poppy husk for samples.