KHETARAM 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. 156/2018 of Police Station Parsoli, District Chittorgarh for the offences punishable under Ss. 8/15 and 8/25 NDPS 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 Praveen Singh (PW-2), the then SHO of Police Station Parsoli, District Chittorgarh that 8 bags containing poppy straw were seized by the police and the Seizure Officer first took 500 gms of poppy straw from 4 bags each then he mixed the said poppy straw 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 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.