DURBESH 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. 23/2019 of Police Station Rathanjana, District Pratapgarh for the offences punishable under Section 8/15, 25 and 29 of NDPS Act. They have preferred this bail application under Section 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that as per the prosecution story, the police seized 1 kg. of opium and 83.850 kgs. of poppy straw stuffed in two bags from the possession of the petitioner and one Ishaq. It is argued that the Seizure Officer namely Mohan Singh did not collect separate samples from the two bags containing narcotic contraband poppy straw weighing 41.700 kgs. and 42.150 kgs. respectively and collected two samples after mixing the whole poppy straw.