CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

4 06-02-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The accused/petitioner seeks bail in connection with Barachatti P.S. Case No.212 of 2025 registered for the offences punishable under Sections 8 , 17-C and 18-C of the Narcotic Drugs and Psychotropic Substances Act (in short ‘NDPS Act’).

3. The accused/petitioner is named in the FIR and is in custody since 13.06.2025.

4. Allegation against petitioner is to have in possession of 17 kg of poppy straw, which alleged to be recovered form the cabin of truck.

5. Learned counsel appearing on behalf of the petitioner submitted that the seizure of alleged contraband was made without any preliminary test ascertaining whether same was poppy straw. It is also submitted that the alleged recovery not appears to be made from conscious possession of this petitioner. It is further submitted that the mandatory provisions as available under Section 42 of the NDPS Act not appears followed in present case, besides other mandatory provisions available under Act itself qua search, seizure and sampling (SSS). It is also submitted that as