VINOD KUMAR SAINI 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. 233/2018 of Police Station Sadar Nimbahera, District Chittorgarh for the offence punishable under Sec. 8/15 NDPS Act. He has preferred this third bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that it is clear from the statement of Rajaram (PW-3), the then SHO of Police Station Sadar Nimbahera, District Chittorgarh that 7 plastic bags containing poppy straw were seized by the police and the Seizure Officer first took 200 gms of poppy straw from each bag then he mixed the said poppy straw and thereafter took two samples of 700 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 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 straw for samples.