KANWAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

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

(2.) The petitioners have been arrested in connection with FIR No. 175/2009 of Police Station Shambhupura, District Chittorgarh for the offences punishable under Ss. 8/18, 8/15 and 8/29 of NDPS Act. They have preferred these bail applications under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioners has submitted that allegations against the petitioners are to the effect that they supplied 1 kg of opium and 115 kgs of poppy straw to co-accused Harpal Singh and Richhpal Singh, who were caught by the police while transporting the said narcotic contraband. It is further submitted that co-accused persons Harpal Singh and Richpal Singh, who were caught on the spot with illegal opium and poppy straw have already been enlarged on bail by this Court. Learned counsel has also submitted that in the trial against the petitioners, statements of Seizure Officer, Narander Jain PW-8 has been recorded, who has specifically stated that he did not take out separate samples of poppy straw from each bag and collected the same from mixture which was prepared after taking poppy straw of small quantity of it from each bag. Learned counsel for the petitioners has, therefore, argued that from the above, it is clear that Seizure Officer has not followed the procedure laid down under the law by collection of samples and said action of the Seizure Officer is in violation of law laid down by this Court in Netram v. State of Rajasthan, reported in 2014 (1) Cr.L.R. (Raj.) 163. It is also submitted that the opium recovered by the police at the instance of other co-accused persons was below commercial quantity.