IMRAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Lawyers are abstaining from appearing before the Court. The instant bail application has been filed by the petitioner Imran S/o Shri Ahateshamdin under Sec. 439 Cr.P.C against the order impugned passed by learned court below in connection with FIR No.10/2020, registered at Police Station Pallu, District Hanumangarh, for the offences under Ss. 8/18 and 29 of NDPS Act.

(2.) Briefly stated, the facts of the instant case are that a car driven by the accused-petitioner; was intercepted by the police at the time of 'nakabandi' on Highway Road, Sardarshahar on 21/1/2020 at about 12:05 P.M. Upon suspicion, the police officers searched the vehicle and during search, total two polythene bags of opium were found in the car containing a total of four kilograms of opium which was seized by the police and the seizing officer took two samples of 50 grams each of opium from one bag for sampling but sent only one sample for testing.

(3.) The wife of the petitioner is present in person before this court and she submits that a false case has been foisted against the petitioner and the mandatory provisions of NDPS Act have not been complied with, thus, the complete recovery, as alleged, has been vitiated on this count alone. Samples from each of the two polythene bags were not drawn for testing, two samples of 50 grams each were sent for FSL from one polythene bag only. Since samples from each of the bags were not separately sent for testing, it cannot be said with utmost certainty that each of the bags contained contraband opium and that the quantity of the recovered contraband is four kilograms. As per the FSL report, only one sample of 32.79 grams was sent for testing by the seizing officer.