RAHUL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has been arrested in FIR No.231/2018 of Police Station Nimbahera Sadar, District Chittorgarh for the offences punishable under Ss. 8/15 and 25 of NDPS Act. He has preferred this fourth bail application under Sec. 439 Cr.P.C.

(2.) Learned counsel for the petitioner has submitted that after rejection of third bail application of the petitioner, the petitioner has moved an application before the trial court under Sec. 311 Cr.P.C. with a prayer to recall the witnesses PW-1 Darshan Singh the then Investigating Officer and PW-2 Rajaram the then Seizure Officer. It is submitted that the said application of the petitioner came to be dismissed by the trial court, however, a Coordiante Bench of this Court vide order dtd. 18/11/2021 passed in S.B. Criminal Revision Petition No.913/2021 (Rahul Vs. State of Rajasthan) allowed the request of the petitioner and directed the trial court to summon the prosecution witnesses. It is submitted that pursuant to that, the statements of PW-2 Rajaram (Seizure Officer) have been recorded before the trial court on 14/12/2021. It is submitted that PW-2 Rajaram (Seizure Officer) in his cross- examination has specifically submitted that he first took poppy straw from each bag then he mixed the said poppy straw on a tarpaulin and thereafter took two samples from that mixture.

(3.) Learned counse for the petitioner has submitted that in view of the above piece of evidence, it is clear that PW-2 Rajaram (Seizure Officer) did not follow the established procedure for taking the samples.