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.177/2018 of Police Station Gogunda, Udaipur for the offences punishable under Sections 8/15 of 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 Bharat Yogi (PW-4), the then SHO of Police Station, Gogunda that 8 plastic bags containing poppy straw weighing 153.700 kgs. were recovered and the Seizure Officer first took a little amout of poppy straw from each bag; mixed them and took two samples of 1 kg. 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. State of Rajasthan,2014 1 CrLR 163 (Raj) has argued that this Court has held that i