PURANMAL 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. 66/2018 of Police Station Choti Sadri, District Chittorgarh for the offence punishable under Sec. 8/15 of NDPS Act. He has preferred this third bail application under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioner has submitted that it is clear from the statement of Onkar Singh (PW-4), the then S.I. of Police Station Choti Sadari, District Chittorgarh, that 8 bags containing 110 kgs. of poppy straw were seized by the police and the Seizure Officer first mixed the said poppy straw 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 straw for samples.