MOHIT 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. 75/2018 of Police Station Choti Sadri, District Pratapgarh for the offences punishable under Ss. 8/15 of the NDPS Act. He has preferred this third bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that it is clear from the statement of Shambhu Lal (PW-4), the then SHO of Police Station, Choti Sadri, Pratapgarh that fourteen plastic bags containing poppy straw weighing 271 kgs.300 gms. were recovered by the police and the Seizure Officer first mixed all the poppy straw on a tarpaulin and thereafter took two sampels of 250 gms. 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.