AMIRUL SHEIKH 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. 138/2016 of Police Station Gogunda, District Udaipur for the offences punishable under Ss. 8/18 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 Bhaiyalal (PW-5), the then S.H.O. of Police Station Gogunda, District Udaipur that 10 packets containing opium were seized by the police and the Seizure Officer first took 5 gms. of opium from each packet then he put the said 50 gms. opium into a plastic container as Sample-I and thereafter took another 5 gms. of opium from each packet and put that 50 gms. of opium also into another plastik container as Sample-II. Thus, it is clear that the Seizure Officer collected separate samples from each packets. 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 opium for samples.