KHETSINGH 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. 146/2017 of Police Station Parsoli for the offences punishable under Ss. 8/15 of NDPS Act and 3/25 of the Arms 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 Shyam Singh (PW-4), the then SHO of Police Station Parsoli that 19 bags containing poppy husk weighing 3 quinttal 42 kgs were recovered and the Seizure Officer first took 500 gms of poppy husk from each bag and mixed the same in another bag, the total weight of said bag was 9 kgs 500 gms. The Seizure Officer 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.