JUDGMENT :

1. Heard Mr. Daya Shankar Mishra, learned Senior Advocate assisted by Mr. Abhishek Mishra, learned counsel for the applicant and learned A.G.A. for the opposite party-State.

2. The present criminal misc. bail application has been filed on behalf of applicant-Wali Hasan to release him on bail in Case No.1392 of 2019, under Sections 8, 20, 29, 60 and 3 of N.D.P.S. Act, Police Station-Baradari, District-Bareilly.

3. Learned Senior Counsel on behalf of the applicant submitted that sub-Inspector lodged a first information report on 17.11.2019 against the applicant and two others with the allegation that on the basis of information received, first informant seized a truck on 17.11.2019 at 12:45 hours, which was alleged to be driven by applicant and carrying 91 packets of Ganja weighting about 201 K.G. He further submitted that 91 packets of alleged contraband (Ganja) in 8 Bags (Bora) was alleged to be recovered from inside of truck but only 1 packet weighting 1 K.G. (Ganja) out of 91 Packets was sent for chemical examination so utmost 1 K.G. can be said to be Ganja but remaining 200 K.G. cannot be said to be Ganja or any other contraband unless there is proper sampling and its chemical examination. He further submitted that it is not mentioned in the recovery memo that from each 91 packets, sample of alleged contraband (Ganja) was taken and sent for chemical examination, as such, the procedure of sampling adopted by the police authority is in violation of Standing 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. He has placed reliance upon Clause 2.1 to 2.8 of Standing Order / Instruction No.1 of 1989, which 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 the narcotic drugs and psychotropic substances seized, shall be drawn on the spot of recovery, in duplicate, in the presence of search witnesses (Panchas) and the persons from whose possession the drug is recovered and a mention to this effect should invariably be made in the panchnama drawn on the spot.

2.3 The quantity to be drawn in each sample for chemical test shall not be less than 5 grams in respect of all narcotic drugs and psychotropic substances save in the cases of opium, ganja and charas (hashish) were a quantity of 24 grams in each case is required for chemical test. The same quantities shall be taken for the duplicate sample also. The seized drugs in the packages/containers shall be well mixed to make it homogeneous and representative before the sample (in duplicate) is drawn.

2.4 In the case of seizure of a single package/container, one sample in duplicate shall be drawn. Normally, it is advisable to draw one sample (in duplicate) from each package/container in case of seizure of more than one package/container.

2.5 However, when the packages/containers seized together are of identical size and weight, bearing identical markings and the contents of each package given identical results on colour test by the drug identification kit, conclusively indicating that the packages are identical in all respects the packages/container may be carefully bunched in lots of 10 package/containers except in the case of ganja and hashish (charas), where it may be bunched in lots of, 40 such packages/containers. For each such lot of packages/containers, one sample (in duplicate) may be drawn.

2.6 Where after making such lots, in the case of hashish and ganja, less than 20 packages/containers remain, and in the case of other drugs, less than 5 packages/containers remain, no bunching would be necessary and no samples need be drawn.

2.7 If such remainder is 5 or more in the case of other drugs and substances and 20 or more in the case of ganja and hashish, one more sample (in duplicate) may be drawn for such remainder package/container.

2.8 While drawing one sample (in d