Pappu Lal S/o Sohan Lal, Aged @APPELLANT@Hash State

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in connection with FIR No.15/2017 of Police Station, Kanera, District Chittorgarh for the offence punishable under

Section 8/15 NDPS Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that it is clear from the statement of PW.7 â€" Tulsi Ram, the then SHO, Police Station, Kanera that

237 bags containing poppy husk were seized by the police and the Seizure Officer first took 100 gms. of poppy husk from each bag, then he mixed the

said poppy husk and thereafter took two samples from that mixture. Thus, it is clear that the Seizure Officer did not collect separate samples from

each bag. It is also submitted that the I.O. has not stated that the test by the U.N. Kit was carried out on each bag before taking small quantity of

poppy husk for samples.

Learned counsel for the petitioner while placing reliance on the decision of this Court rendered in the case of Netram Vs. State of Rajasthan, reported

in 2014(1) Cr.L.R. (Raj.) 163 has argued that this Court has held that if the samples from each bag containing poppy husk/poppy straw have not been

collected and test by U.N.Kit has not been conducted on each bag and if the Seizure Officer has taken out some quantity of narcotic drug from each

bag and after mixing the same has taken out some portion for sample, then the same is not in conformity with the Standing Instruction No.1/88 issued

by the Narcotics Control Bureau, New Delhi, particularly, Instruction No.1.7 and, as such, the accused persons cannot be held guilty for possession of

narcotic drugs of commercial quantity. It is also argued that no other case of similar nature is pending against petitioner. It is, thus, prayed that the

petitioner may be released on bail.

Per contra, learned Public Prosecutor has opposed the bail application.

Having considered the overall facts and circumstances of the case and taking into consideration the judgment passed by this Court in Netram’s

case (supra), without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section

439 Cr.P.C.

Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner â€" Pappu Lal son of Sohan Lal shall be

released on bail in connection with FIR No.15/2017 of Police Station, Kanera, District Chittorgarh provided he executes a personal bond in a sum of

Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on

each and every date of hearing and whenever called upon to do so till the completion of the trial.