SURESH CHANDRA BHERU LAL JAT Vs. STATE

JUDGEMENT

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

(2.) The petitioners have been arrested in FIR No.211/2018 of Police Station Sadar Nimbahera, Distt. Chittorgarh for the offence punishable under Section 8/20 of the NDPS Act. They have preferred these second/third bail applications under Section 439 Cr.P.C.

(3.) Learned counsel for the petitioners has submitted that after rejection of the earlier bail applications preferred on behalf of the petitioners, evidence of the Seizure Officer has been recorded before the trial court. It is further submitted that it is clear from the statement of Rajaram (PW-3), the then SHO of Police Station Sadar Nimbahera that 37 packets containing 'ganja' weighing 77 kgs 330 gms were recovered and the Seizure Officer first took 50 gms of 'ganja' from each packets and mixed the same and, 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 packet. It is also submitted that the I.O. has not stated that the test by the U.N. Kit was carried out on each packet before taking small quantity of 'ganja' for samples.