JUDGMENT

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. 65/2015 of Police Station Kherapa, District Jodhpur for the offences punishable under Sections 8/15, 25 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 PW-2 Suresh Choudhary, the then SHO, Police Station Khedapa that 8 gunny bags containing poppy husk weighing 191 kgs. were seized by the police and the Seizure Officer first took 1 kg. of poppy husk from each bag, then he mixed the said poppy husk and thereafter took two samples 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 has placed reliance on the decisions of this Court rendered in Netram v. State of Rajasthan reported in 2014 (2) WLN 394 (Raj.) , Nagu Singh v. State of Rajastha