JAIVARDHAN S/o SUDARSHAN vs STATE OF MADHYA PRADESH

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(MP) 541

SUBODH ABHYANKAR
JAIVARDHAN S/o SUDARSHAN – Appellant
Versus
STATE OF MADHYA PRADESH – Respondent

ORDER : – This is the applicant’s IXth bail application filed under section 439 of Criminal Procedure Code The applicant is implicated in connection with Crime No. 124/2018 registered at Police Station : Pipliyamandi, District- Mandsaur MP) for offence punishable under sections 8/15, 29 of the NDPS Act. The applicant is in custody since 16-5-2018.

2. Applicant’s earlier bail applications have already been dismissed by this Court either as withdrawn or on merit considering the fact that 90 Kg. of Poppy Straw has been seized from his possession.

3. Counsel for the applicant has submitted that although the earlier applications have been dismissed on merits however, until now the applicant has never raised the ground of improper sampling of the contraband. It is further submitted that the aforesaid contraband, i.e., 90 Kg. of Poppy Straw seized from the present applicant was kept in four bags, out of which, three bags weighed 24 Kg each of Poppy Straw and one bag had of 18 kgs of Poppy Straw. It is submitted that admittedly, the contents of the four bags were mixed together on a canvas and after mixing the same homogeneously, two samples each of 500 grams were taken out from it. Thus,

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