MANJEETSINGH 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. 174/2018 of Police Station Sadar, Nimbahera for the offences punishable under Ss. 8/15 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 Sanjay Sharma (PW-3), the then SHO of Police Station Sadar Nimbahera that 45 bags containing poppy husk weighing 8 quintal 88 kgs. and 800 gms. were recovered and the Seizure Officer first marked the said bags as '1 to 45' then took 100 gms of poppy husk each from bag Nos. 1 to 43 and mixed the same, 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.