JAHID ALI 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.97/2018 of Police Station Bichiwada, District Dungarpur for the offences punishable under Sections 8/15, 29 of the NDPS 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 statements of Sunil Sharma (PW-1), the then SHO of Police Station Bichiwada that total 97 bags containing poppy husk weighing 2547 kgs. were seized by the police and the Seizure Officer first took sample from each bag then he mixed the same on a tarpaulin and thereafter took two samples of 500 gms each 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 husk for samples.