RAJKUMAR 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. 38/2018 of Police Station Diver, District Rajsamand for the offences punishable under Sections 8/15 and 8/25 NDPS Act. He has preferred this second bail application under Section 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that it is clear from the statement of Dilip Singh (PW-1), the then SHO of Police Station Diver, District Rajsamand that 6 bags containing poppy husk were seized by the police and the Seizure Officer first mixed the said poppy husk and thereafter took two samples of 1 kg. 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 Seizure Officer has not stated that the test by the U.N. Kit was carried out on each bag before taking some quantity of poppy husk for samples.