P.K.LOHRA,J. - (1.) Instant bail application on behalf of petitioner is filed under Section 439 Cr.P.C., arising out of an FIR in which petitioner is charged for offence punishable under Section 8/15 of the NDPS Act.
(2.) It is submitted by learned Senior Counsel for the petitioner that petitioner has been falsely implicated in the matter. It is also submitted by learned Senior Counsel for the petitioner that recovery and seizure of the poppy straw/husk and preparation of samples subsequent thereto has vitiated the recovery itself inasmuch as the same has been carried out in clear negation of Section 42 of the NDPS Act. It is argued by learned Senior Counsel that contraband poppy straw/husk recovered in 22 bags weighing 470kg was mixed and two samples of 500g were prepared which substantially diminished the possibility of conviction of the petitioners for the aforesaid offence. In support of his contentions, learned Senior Counsel has placed reliance on Netram Vs. State of Rajasthan, 2014 2 WLN(Raj) 394. and Nagu Singh Vs. State of Rajasthan, 2016 3 WLN(Raj) 310.
(3.) Per contra, learned Public Prosecutor has opposed the bail application and has argued that looking to the quantity of contraband recovered in the matter, petitioner is not entitled for bail.;