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.36/2018 of P.S. Rajgarh, Distict Churu for the offences punishable under Sections 8/15 and 29 of NDPS Act. He has preferred this third bail application under Section 439 Cr.P.C.

3. Learned counsel for the petitioner has submitted that after rejection of second bail application of the petitioner, statements of Bhagwan Sahay, Seizure Officer (PW-4), the then S.H.O. of Police Station, Rajgarh and it is clear from his statements that four bags containing poppy husk weighinng 80 kgs. were seized by the police and the Seizure Officer first mixed the said poppy husk on a tarpaulin and thereafter took two samples of 500 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 Seizure Officer has not stated that the test by the U.N. Kit was carried out on each bag before taking some quantity of poppy husk for samples.

4. Learned counsel for the petitioner while placing reliance on the decision of this Court ren