JUDGMENT

Dated this the 22nd day of September, 2022 The petitioner is an accused in a case involving in commercial quantity of narcotic drugs.

2. Learned counsel appearing for the petitioner submitted that going by the prosecution version, the ganja seized from the possession of the petitioner while he was travelling in a car was packed in sixty different bags, some of which were inside the car and some of which were in the boot of the car. It is submitted that without taking samples from the separate bags in the car, the Excise Officials only taken samples after mixing the contents of all the sixty bags together. It is submitted that this procedure is defective and therefore, the petitioner is entitled to bail.

3. Heard the learned Public Prosecutor also.

4. Under the provisions of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), commercial quantity of ganja is 20 kgms. It is alleged by the prosecution that a total of 141 kgms of ganja were seized from the vehicle in which the petitioner along with another was travelling and even if the contention of the learned counsel for the petitioner is accepted it would mean that in such situations, the Excise Officials/Police ar