GANESH Vs. STATE

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. 69/2016 of Police Station Gangrar District Chittorgarh for the offences punishable under Sections 8/15, 25 NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that it is clear from the statement of Seizure Officer Laburam (PW-6), the then SHO of Police Station, Gangrar that four plastic bags containing poppy straw weighing 103 kgs were recovered by the police and the Seizure Officer first mixed the said poppy straw on a traupaulin and thererafter, 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 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.