SHEKHAR Vs. STATE

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. 216/2017 of Police Station Bilara, Distt. Jodhpur for the offences punishable under Ss. 8/15 and 8/29 of the 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 Vinod Kumar (PW-2), the then SHO of Police Station Bilara that 7 bags containing poppy straw weighing 217 kgs were recovered and the Seizure Officer thereafter mixed the narcotic contraband recovered from each bag on a tarpaulin and took two samples of 1 kg 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.