BAKSA RAM Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the material available on record.

(2.) The petitioners have been arrested in FIR No. 398/2018 of Police Station Nimbahera Kotwali, Distt. Chittorgarh for the offence punishable under Sec. 8/15 of the NDPS Act. They have preferred these second bail applications under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioners has submitted that it is clear from the statement of Narayan Singh (PW-3), the then SHO of Police Station Kotwali Nimbahera that 6 bags containing poppy husk weighing 138 kgs were recovered and the Seizure Officer first took 200 gms of poppy husk from each bag and mixed the same and, thereafter, took two samples of 600 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.