GANPAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Lawyers are abstaining from appearing before the court. The instant bail application has been filed by the petitioner Ganpat S/o Gopi Banjara under Sec. 439 Cr.P.C against the order impugned passed by learned court below in connection with FIR No.91/2019, registered at Police Station Parsoli, District Chittorgarh, for the offences under Ss. 8/15 of NDPS Act.

(2.) Briefly stated, the facts of the instant case are that a car driven by the accused-petitioner; which was intercepted by the police at the time of 'nakabandi' on Highway Road, Bichhor on 11/7/2019 at about 12:30 P.M. Upon suspicion, the police officers searched the vehicle and during search, total seven bags of poppy husk were found in the car containing a total of 191 kilograms of Poppy husk which was seized by the police and the seizing officer took 500 grams of poppy husk from each bag for sampling respectively; all the samples of 500 grams each collected from separate bags were mixed together in a single bag and thereafter, two samples of 500 grams each were taken from the aforesaid admixture of 3.5 kilograms.

(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 seven plastic bags were drawn for testing, however, those samples were mixed together and thereafter, two samples of 500 grams each were sent for FSL. 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 poppy husk and that the quantity of the recovered contraband is 191 kilograms. Per contra, learned Public Prosecutor opposes the bail applications on the ground that the recovered contraband weighed 191 kilograms in total and that is way above the commercial quantity demarcated for poppy husk.