The court emphasized that proper sampling procedures must be followed in drug cases, and long incarceration can justify bail despite stringent conditions under the NDPS Act.

Order :

1. The jurisdiction of this court has been invoked by way of filing the instant applications under Section 439 CrPC at the instance of accused-petitioners. The requisite details of the matter are tabulated herein below:

2. The concise facts of the case as alleged in the FIR are that on 28.02.2023 Ashok Bishnoi, SHO, PS Sri Doongargarh, during nakabandi intercepted a Duster bearing registration No. RJ04 CA 8786 wherein two persons were found sitting out of which Jai Prakash was driving the vehicle and Sita Ram was sitting by his side. Upon search, 4 bags of poppy husk were recovered. The total weight of the recovered contraband on 78.82 kg. After seizure, the samples were taken and sent for the chemical examination, the accused were arrested and a case aforementioned got registered.

3. It is contended on behalf of the accused-petitioners that no case for the alleged offences is made out against them and their incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused- petitioners and they have been made an accused based on conjectures and surmises.

4. Contrary to the submissions of learned counsel for the petitioners, learned Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail.

5. I have heard and considered the submissions made by both the parties and perused the material available on record.

6. Perusal of the record revealing that on 28.02.2023, a vehicle was intercepted by the police whereupon commercial quantity of poppy husk came to be recovered from it loaded in 4 bags. Accused were arrested and chargesheeted. They are behind the bars since then. Earlier bail applications of Jai Prakash and Sita Ram were dismissed by this Court vide orders dated 04.07.2024 & 07.03.2024 passed in SBCRLMB Nos.6595/2024 & 322/2024 but a liberty was given to renew the prayer after recording the statement of Seizing Officer. Now, he has been examined in the trial as PW-1. At Page 3 he stated that his team opened all the bags, lowered the substance on a tripal and whereafter the entire commodity of 4 bags were mixed together and the samples were taken from the ad-mixuture and then sent to the FSL. Admittedly, samples from each bag has not been taken individually rather the samples were collected from a mixtures of all bags and the mixed sample was sent to the FSL for chemical examination, which is contrary to the Standing Order Nos.1/1988 & 1/1989 issued by the Government Of India.

7. This Court has passed a detailed order in S.B. Criminal Misc. 3rd Bail Application No. 1162/2022; Ramchandra v. State of Rajasthan, decided on 27.05.2022 wherein the rules pertaining to sample collection contained in Standing Order No. 1/1989 dated 13.06.1989 issued by Government of India under Section 52A of NDPS Act have been enumerated inter alia other aspects. The relevant para No.4 has been reproduced as under:-

"4. Heard learned counsel for the petitioner and learned public prosecutor. Perused the material available on record.

The argument that collection of samples was not proper and in accordance with the procedure of sampling as per Standing Order No. 1/1989 seems to be worth considering. Clause 2.1 to 2.8 of the Violation Order/ Instruction No.1 of 1989 dated 13.6.1989 issued by the Government of India under Section 52 A of N.D.P.S. Act are of relevance to the present set of facts and are as follows:

2.1 All drugs shall be classified, carefully, weighed and sampled on the spot of seizure.

2.2 All the packages/containers shall be numbered and kept in lots for sampling. Samples from