DEEPAK Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard Mr. Sohan Singh, father of the petitioner present in pesons as well as learned Public Prosecutor and also perused the material on record.

(2.) The petitioner has been arrested in FIR No. 400/2017 of Police Station Sadar Nimbahera for the offence punishable under Sec. 8/15 of the NDPS Act. He has preferred this second bail application under Sec. 439 Cr.P.C.

(3.) It is submitted that it is clear from the statement of Ganpat Lal (PW-4), the then Incharge of Police Station Sadar Nimbahera that 7 bags containing poppy husk weighing 1 quinttal 41 kgs 400 gms were recovered and the Seizure Officer first took 200 gms of poppy husk from each bag and mixed the same, total weight of which was 1 kg 400 gms. The Seizure Officer thereafter took two samples of 700 gms 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.