Order

19/01/2024

1. The instant bail application under Section 439 Cr.P.C . has been filed on behalf of the petitioner who is in custody since 22.07.2022 in connection with FIR No.238/2022 registered at Police Station Kishangarh, District Ajmer for offence under Section 8/15 of the NDPS Act. After completion of investigation, charge- sheet has been filed in the matter.

2. Learned counsel submits that the accused petitioner has falsely been implicated in this case. She contends that the work of drawing sample was not done in accordance with the provisions of sub-section 2 of Section 52A of the NDPS Act. She argues that the process of drawing of samples has to be in the presence and under the supervision of the Magistrate and the entire exercise has to be certified by him to be correct. However, there is total non-compliance of this provision of law. In support of this contention, learned counsel places reliance upon the judgments passed in the cases of (1) Union of India vs Mohanlal & Anr : (2016) 3 SCC 3749 , (2) Mangilal vs State of Madhya Pradesh : 2023 SCC online SC 862 and (3) Simarnjit Singh Vs State of Punjab arising out of S.L.P. (Cr.l.) No. 1958 of 2023.

3. She further cont