ORDER :

1. The instant bail application has been filed by the petitioner Prabhu S/o Tulsi Ram Gurjar under Section 439 Cr.P.C against the order impugned passed by learned court below in connection with FIR No.02/2009, registered at Police Station CBN Neemach, for the offences under Sections 8/15 and 8/29 of NDPS Act.

2. Briefly stated, the facts of the instant case are that a car was intercepted by the police at the time of ‘nakabandi’ on ‘palana tiraha’ on 25.03.2009 at about 05:00 A.M. Upon suspicion, the police officers searched the vehicle and during search, total 14 bags were found in the car containing a total of 372.300 kilograms of Poppy husk which was seized by the police and the seizing officer took two samples of 500 grams each of poppy husk from all of the 14 bags for investigation.

3. Learned counsel for the petitioner submits that a false case has been foisted against the petitioner and the mandatory provisions of NDPS Act have not been complied with, thus, the complete recovery, as alleged, has been vitiated on this count alone. Samples from each of the fourteen bags were not drawn for testing and two samples of 500 grams each were taken from the admixture from all th