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 FIR No.58/2018 of Police Station Dholapani District Pratapgarh for the offences punishable under Sections 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 statement of Seizure Officer Bhawani Singh (PW-4), the then SHO of Police Station, Dholapani, District Pratapgarh that five plastic bags containing poppy husk weighing 76 kgs. were recovered by the police and the Seizure Officer first took 500 gms.of poppy husk from each bag, then he mixed the same and thereafter took sampels 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 Seizure Officer 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. State of Rajas