MAHENDAR KUMAR GOYAL, J. - (1.)This is second bail application of the accused-petitioner under Section 439 Cr.P.C. The first bail application was dismissed as withdrawn vide order dated 5.12.2020. The petitioner has been arrested in connection with FIR No.258/2020, registered at Police Station Vijay Nagar, District Ajmer for the offence(s) under Sections 8/15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity-'the Act of 1985').
(2.)The facts in brief are that on 27.8.2020, a car bearing no.DL- 3C-BM-5773 was intercepted by a police party on receipt of an information from the Police Outpost 29 Miles, Police Station, Gulabpura, Bhilwara of its breaking the police barricade. The present petitioner was driving the Car. On search of the Car, 66.300 kgs of poppy straw was recovered from four plastic bags. During the investigation, the petitioner was arrested. After investigation, charge sheet under Section 8/15 of the Act of 1985 has been filed against him.
(3.)Relying on the provisions of Section 52A (2)(c) of the Act of 1985 and the judgment of the Hon'ble Apex Court of India in the case of Union of India v. Mohanlal and Anr.-(2016) 3 SCC 379, learned counsel for the petitioner submitted that since samples of the contraband were not drawn in presence of the Magistrate, the entire investigation stands vitiated. Learned counsel submitted that the dictum laid down by the Supreme Court in the case of Mohan Lal's case has been followed by various High Courts and referred the judgements of Punjab and Haryana High Court in Bikram Singh v. State of Punjab in Criminal Miscellaneous No.M- 12946/2017 (O&M) dated 26.05.2017 and Surjit Kumar @ Babbu v. State of Punjab in CRM-39622-2016 in CRA-S-1338-SB-2015 dated 10.03.2017, judgment of Delhi High Court in Amani Didel Chris v. Narcotics Control Bureau dated 13.03.2020, judgment of Bombay High Court in Jawed Khan v. The State of Maharashtra in Criminal Application No.192 of 2020 in Criminal Appeal No.30 of 2020 dated 03.03.2020 and judgment of Patna High Court in Bhairo Singh v. State of Bihar in Criminal Appeal (DB) No.276 of 2015 dated 06.11.2017.