VIKAS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Lawyers are abstaining from appearing before the court. The instant bail application has been filed by the petitioner Vikas S/o Sahiram under Sec. 439 Cr.P.C against the order impugned passed by learned court below in connection with FIR No.77/2022, registered at Police Station jaitsar, District Sri Ganganagar, for the offences under Ss. 8/15, 25 and 29 of NDPS Act.

(2.) Briefly stated, the facts of the instant case are that a truck bearing registration No. RJ19 GC 3237 was intercepted by the police while patrolling on 1/4/2022 at about 07:30 P.M. During search, total five plastic bags of poppy husk were found in the truck; the bags were emptied upon the tarpaulin and weighed together. The total weight of the admixture was 89 kilograms; out of which, two samples of 500 grams each, marked A (chemical sample) and B (control sample),were taken from the seized contraband for investigation and rest of the contraband weighing 88 kilograms was repacked into different packets.

(3.) The brother of the petitioner is present in person before this court and he 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. The samples from each of the five plastic bags were not drawn for testing, it cannot be said with utmost certainty that each of the bags contained contraband poppy husk and that the quantity of the recovered contraband is 89 kilograms. Per contra, learned Public Prosecutor opposes the bail applications on the ground that the recovered contraband weighed 89 kilograms in total and that is way above the commercial quantity demarcated for poppy husk.