RAJKUMAR 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.260/2020 of Police Station Jawahar Nagar, District Sri Ganganagar for the offence punishable under Sec. 8/21 of NDPS Act. He has preferred this second bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that as per the proseuction story, the police have apprehnded the petitioner with 28 vials of cough syrup containing narcotic substance. It is also submitted that from the Recovery Memo (Exhibit-P/22) and the statement of Ms. Jyoti (PW-3), the then Incharge of Police Station Jawahar Nagar, District Sri Ganganagar, it is clear that 28 vials of cough syrups containing narcotic substance were seized by the police and the Seizure Officer first poured the said cough syrups containing narcotic substance into a plastic bucket thereafter took two samples of 100 gms each from that mixture. Thus, it is clear that the Seizure Officer did not collect separate samples from each vials. It is also submitted that the Seizure Officer has not stated that the test by the U.N. Kit was carried out on each vials before taking some quantity of narcotic substance for samples.