HAKIM KHAN 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. 132/2018 of Police Station Parbatsar, District Nagaur for the offences punishable under Ss. 8/18, 8/29 and 8/25 of NDPS Act. They have preferred these bail applications under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioners has submitted that it is clear from the statement of Pushpendra Banshiwal (PW-1), the then SHO of Police Station Parbatsar, District Nagaur that 16 packets containing opium were seized by the police and the Seizure Officer first mixed all the said opium in a jerrican and thereafter took two samples of 200 gms each from that mixture. Thus, it is clear that the Seizure Officer did not collect separate samples from each packet. It is also submitted that the I.O. has not stated that the test by the U.N. Kit was carried out on each packet before taking small quantity of opium for samples.