VAKIL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the impugned order.

(2.) Learned counsel for the appellant has submitted that sentence of co-accused persons namely Kor Singh @ Sanju, Balwant Singh, Bobby @ Roshan, Paramjeet Kaur and Karan Singh has already been suspended by this Court on 12.9.2018.

(3.) Learned counsel for the appellant has submitted that it is clear from the statement of PW.10 - Kuldeep Walia that the Seizure Officer first took out small quantity of poppy husk from each bags, recovered from two vehicles, then he mixed the said poppy husk on a tarpaulin, and thereafter took two samples from that mixture. Thus, it is clear that the Seizure Officer did not collect separate samples from each bags. It is also submitted that the I.O. has not stated that the test by the U.N. Kit was carried out on each bag before taking small quantity of poppy husk for samples.