RAMGOPAL Vs. STATE OF RAJASTHAN

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. 147/2018 of Police Station Kolayat, District Bikaner for the offences punishable under Sections 8/15 and 29 of NDPS Act. He has preferred this third bail application under Section 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that it is clear from the statement of Jagdish Singh (PW-1), the then SHO of Police Station Kolayat, District Bikaner that 107 bags containing poppy straw weighinng 32 quintal 49.700 kgs. were seized by the police and the Seizure Officer first took 50 gms of poppy straw from each bag then he mixed the said poppy straw and thereafter took samples 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 some quantity of poppy straw for samples.