LAKVINDRA Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the material on record.

(2.) The petitioners have been arrested in FIR No.178/2019 of Police Station Bhanipura, Distt. Churu for the offences punishable under Ss. 8/15 of the NDPS Act. They have preferred this second bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioners has submitted that it is clear from the statement of Seizure Officer namely Malkiyat Singh (PW-2), the then SHO of Police Station Bhanipua that 10 bags containing poppy husk (total weighing 380 kgs) were seized and the Seizure Officer first mixed the said poppy husk on a tarpaulin and thereafter took two samples of 250 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 I.O. has not stated that the test by the U.N. Kit was carried out on each bag before taking small quantity of poppy husk for samples.