Vijay Bishnoi, J. - (1.) 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 FIR No.65/2015 of Police Station, Kherapa, District Jodhpur for the offence punishable under Section 8/15 of NDPS Act. He has preferred this third bail application under Section 439 Cr.P.C.
(2.) Learned counsel for the petitioner has submitted that after rejection of the second bail application on 23.03.2017, statements of Seizing Officer PW-2 Suresh Choudhary have been recorded before the trial court on 18.09.2017, wherein he has admitted that some poppy husk have been taken out from each bag, then mixed and thereafter samples were taken out. Learned counsel for the petitioner has submitted that in view of the said statement of the Investigating Officer, it is clear that the legal procedure of drawing samples have not been followed by the Investigating Officer. Learned counsel for the petitioner has placed reliance on the decisions of this Court rendered in Netram Vs. State of Rajasthan, 2014 2 WLN(Raj) 394, Nagu Singh Vs. State of Rajasthan, 2016 3 WLN(Raj) 310 and the decisions of Coordinate Benches of this Court rendered in S.B. Criminal Misc. Second Bail No.6030/2017 (Ishwar Singh Vs. State of Rajasthan) decided on 14.07.2017, S.B. Criminal Misc. Bail No.6763/2017 (Prakash Chandra Vs. State of Rajasthan) decided on 24.08.2017, S.B. Criminal Misc. Second Bail No.5995/2017 (Sri Ram @ Sanjay Vs. State of Rajasthan) decided on 25.08.2017 and S.B. Criminal Misc. Bail No.6610/2017 (Shaukeen Vs. State of Rajasthan) decided on 07.09.2017.
(3.) Learned Public Prosecutor has opposed the bail application. Having regard to the totality of the facts and circumstances of the case, 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.;