VIJAY BISHNOI, J.

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. 402/2017 of Police Station Kotwali, District Nagaur for the offences punishable under Sections 8/15, 8/29 of the NDPS Act. He has preferred this third bail application under Section 439 Cr.P.C.

3. Learned counsel for the petitioner has submitted that it is clear from the statement of Nandram Bhadu (PW-2), the then SHO of Police Station Kotwali, District Nagaur that 24 bags containing poppy husk weighing 503 kgs were recovered and the Seizure Officer took a little amount of the poppy husk from each bag and put them into a bag; he mixed all the poppy husk and then took two samples of 2 kilo 400 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.

4. Learned counsel for the petitioner while placing reliance on the decision of this Court rendered in the case of Netram vs