VIJAYPAL 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 connection with FIR No. 01/2018 of Police Station Gangrar, District Chittorgarh for the offences punishable under Ss. 8/15, 25 and 29 of NDPS Act. He has preferred this bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that it is clear from the statement of Chena Ram (PW-2), the then S.H.O. of Police Station Gangrar, Distt. Chittorgarh that 4 bags containing poppy husk were seized by the police and the Seizure Officer took out the poppy husk from all the four bags and mixed the said poppy husk on a tarpaulin and thereafter took two samples of 500 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.