JUDGMENT

Vijay Bishnoi, J. - 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 connection with FIR No.285/2017 of P.S. Badi Sadri, District Chittorgarh for the offence punishable under Section 8/15 NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

3. Learned counsel for the petitioner has submitted that it is clear from the statements of Chandra Shekhar (PW-4), the then S.H.O. of Police Station Bari Sadari, Distt. Chittorgarh that 25 plastic bags containing poppy husk were seized by the police from the premises of co-accused Ranglal Dhakad and the Seizure Officer first took 200 gms of poppy husk from each plastic bag then he mixed the said poppy husk and thereafter took two samples of 500 gms each from that mixure. 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. It is further submitted that except those 25 plastic bags, one gunny bag containing poppy