NARENDRA KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard Mr. Ram Narayan and Ms. Ravina, nephew and daughter of the petitioner respectively present in person, as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioner has been arrested in FIR No.8/2018 of Police Station Bhesrodagarh, District Chittorgarh for the offences punishable under Sec. 8/15 NDPS Act. He has preferred this second bail application under Sec. 439 Cr.P.C.

(3.) Mr. Ram Narayan and Ms. Ravina, nephew and daughter of the petitioner respectively present in person, have submitted that the petitioenr is in custody from the date of incident i.e. 18/1/2018. It is also submitted that as per the prosecution story, the police have recovered 5176.190 kgs. of poppy straw from a truck, which was dirven by the petitoner, and out of those poppy straw, 3858.400 kgs. of poppy straw was stuffed in 174 bags whereas 1317.790 kgs. of poppy straw was found scatterd in the truck. It is further submitted that the Seizure Officer has prepared a recovery memo, in which, it is mentioned that out of thouse 174 bags, 100 gms. of poppy straw were taken out from each bag then mixed the same and thereafter sampes were taken out from those mixture. It also mentioned that from the scattered poppy straw, one sample was taken out.