SETHU KHAN Vs. STATE

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. 20/2018 of Police Station Sadar Nimbahera, Distt. Chittorgarh for the offences punishable under Ss. 8/15 and 29 of the NDPS Act. They have preferred these bail applications under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioners have submitted that it is clear from the statement of Ganpatlal (PW-1), the then Dy. SP of Police Station Sadar Nimbahera that 9 bags containing poppy husk weighing 241 kgs. was recovered and the Seizure Officer first took 200 gms. of poppy husk from each bag and mixed the same, total weight of which was 1 kg 800 gms. The Seizure Officer thereafter 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 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.