ORDER :

1. They are heard. Perused the case diary/challan papers.

2. This is the First application under Section 439 of Criminal Procedure Code, 1973, as the applicant is implicated in connection with Crime No. 30/2022 registered at Police Station Malhargarh, District Mandsaur (MP) for offence punishable under Sections 8/15, 29 of NDPS Act.

3. The applicant is in custody since 14.02.2022.

4. As per the prosecution on 14.02.2022 on receipt of a secret information, the police reached the spot and recovered 91 kg contraband dodachura from the custody of the applicant and co-accused Ambalal which was being transported by them in a Car bearing registration No. MP-09-CY-9251. On the basis of the recovery made from the applicant and the co-accused, the applicant has been implicated and arrested for the present offence.

5. Learned counsel for the applicant submits that the alleged contraband weighing 91 kg was being carried by him and co-accused in six bags of different weights. The contents of all the bags were taken out on a canvas and mixed homogeneously. Two samples each of 500 gm were taken out from it. When the samples were not take out from each of such bags and sent separately for their