SURESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the material available on record.

(2.) The petitioners have been arrested in FIR No. 205/2018 of Police Station Nimbahera Sadar, Distt. Chittorgarh for the offences punishable under Ss. 8/15, 25 and 8/29 of the NDPS Act. They have preferred these bail applications under Sec. 439 Cr.P.C.

(3.) Learned counsel for the petitioners has submitted that it is clear from the statement of Sanjay Sharma (PW-4), the then SHO of Police Station Sadar Nimbahera that 13 bags containing poppy husk weighing 2 quintal 53 kgs were recovered and the Seizure Officer first took 200 gms of poppy husk from each bag and mixed the same, total weight of which was 2 kgs 600 gms. The Seizure Officer thereafter mixed the aforesaid narcotic contraband and 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.