KAMAL 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 FIR No. 142/2018 of Police Station Nimbahera, District Chittorgarh for the offences punishable under Sec. 8/15 of NDPS Act. They have 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 Bhawani Shanker (PW-4), the then SHO of Police Station, Kotwali Nimbahera that six plastic bags containing poppy husk were recovered by the polie and the Seizure Officer first took 300 gms.of poppy husk from each bag, then he mixed the same and thereafter took two sampels 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.