RAJPAL SINGH 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. 84/2018 of Police Station Choti Sadri, Distt. Pratapgarh for the offence punishable under Sec. 8 read with Sec. 8/15 of the NDPS Act. He has preferred this second bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that it is clear from the statement of Narendra Kumar (PW-1), the then S.I. of Police Station Choti Sadri, Distt. Pratapgarh that 4 bags containing poppy husk were seized by the police and the Seizure Officer first mixed the poppy husk on a tarpaulin and thereafter took two samples of 250 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.