SHRAWAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioner has been arrested in FIR No. 60/2018 of Police Station Baap, Distt. Jodhpur for the offence punishable under Sec. 8/15 and 29 of the NDPS Act. He has preferred this second bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that it is clear from the statement of Harphool Singh (PW-1), presently Dy. S.P., Phalodi that 146 bags containing poppy husk were seized by the police and the Seizure Officer first mixed the said poppy husk on a tarpaulin and thereafter took two samples of two kilograms each from that mixture. Thus, it is clear that the Seizure Officer did not collect separate samples from each bag. 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.