ORDER :

Prakash Chandra Gupta, J.

These are first application filed under section 439 of CRIMINAL PROCEDURE CODE for grant of bail to the applicants, relating to FIR/Crime No. 92/2022, Date :- (Not mentioned) registered at P.S.-Singoli, District-Neemuch (M. P.) for commission of offence punishable under sections 8/15 and 29 of the N.D.P.S. Act.

2. Prosecution story in brief is that on 30-5-2022 the police at P/S Singouli, Distt-Neemuch had received a secret information that the present applicants Ram Dayal and Raghuveer are going from village Kabariya via Prempura jungle towards Rajasthan to supply poppy straw to smuggler in a Mahendra pick-up, RJ-32-GA-3377. The police after complying other formalities proceeded towards spot at 04:54 PM. At the spot, when the driver, Raghuveer of aforesaid vehicle saw the police in the way, drove fastly and rashly while the applicant Ramdayal was sitting beside him. Due to the rash driving the vehicle got off the road and collided with a tree. On search of aforesaid vehicle, 7 plastic bag containing 12 Kg of poppy straw in each, a total of 84 Kg of poppy straw was found. The aforesaid contraband substance was recovered from the possession of present applicants. On the basis of memorandum statement of the applicants, it was found that the co-accused Peeru had supplied the contraband to the applicants.

3. Learned counsel for the applicants submit that, the applicants are innocent and have falsely been implicated in the alleged offence. It is submitted that samples were not taken out from each bag and was not sent separately for chemical examination. It is also submitted that the contraband of all 7 packets were mixed together and after mixing the same, homogeneously, 2 samples were taken out of it, which is not permissible and is in contravention of standing order No. 1/89. Therefore, it cannot be said that all the bags seized from the present applicants contained poppy straw. It is also submitted that in identical situation vide order dated 2-8-2022 in MCRC No. 30722/2022, Jaivardhan vs. State of M. P.,; MCRC No. 35202/2022 order dated 5-8-2022, Dinesh Kumar Meena vs. State of M. P. ,; MCRC No. 10347/2023 order dated 21-3-2023, Shamresh Singh vs. State of M. P. and MCRC No. 11615/2023 order dated 17-3-2023, Dinesh vs. State of M. P. , coordinate Bench of this Court has granted bail to the similar situated accused persons. The applicants are in jail since 30-5-2022. Charge-sheet has been filed. The applicants have no criminal past. Trial will take considerable long time for its disposal. Under such circumstances, the applicants prayed for grant of bail. Learned counsel for the applicants has also placed reliance on the case of case of Noor Aga vs. State of Punjab and anr. , (2008) 16 SCC 417 and Union of India vs. Bal Mukund and ors. , (2009) 12 SCC 161 .

4. Per contra, learned counsel for the non-applicant/ state has opposed the prayer and prays for its rejection by submitting that huge quantity of contraband has been recovered from the possession of the applicants and there is bar under section 37 of the NDPS act. Hence, the applicants are not entitled for bail. He placed reliance in the case of Abdul vs. State of M. P., MCRC No. 49816/2022 , order dated 12-12-2022.

I have heard learned counsels for the parties and perused the case diary.

5. Relevant portion of standing order No. 1/89 reads as under :—

“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 1 package/container.

2.5 however, when the packages/containers seized together are of id