MUKESH 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. 38/2017 of Police Station Rathanjana, Distt. Pratapgarh for the offences punishable under Ss. 8 read with Sec. 15 of the NDPS Act, 1985. 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 Bhagwanlal (PW-11) the then SHO of Police Station Rathanjana, Distt. Pratapgarh that 3 bags containing poppy husk weighing 76 kgs were recovered and the Seizure Officer first took 200 gms of poppy husk from each bag and mixed the same. The Seizure Officer thereafter took two samples of 300 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.