SHANKAR LAL 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. 120/2018 of Police Station Sadar Nimbahera, District Chittorgarh for the offences punishable under Ss. 8/15 and 25 of NDPS Act and Sec. 468 IPC. 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 Rajaram (PW-1), the then S.H.O. of Police Station Nimbahera, District Chittorgarh that 9 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 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 straw for samples.