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Order 10/03/2021 Heard learned counsel for the petitioners as well as learned Public Prosecutor and also perused the material on record.

The petitioners have been arrested in FIR No.12/2019 of Police Station Kelwa, District Rajsamand for the offences punishable under Sections 8/15, 8/18 and 8/29 of the NDPS Act. They have preferred these bail applications under Section 439 Cr.P.C.

Learned counsel for the petitioners have submitted that as per the prosecution story, the police have recovered 100 gms. of opium and 70 kgs. of poppy strw from the Bolero Car and 60 kgs. of poppy straw from the Eco-Maruti Suzuki Car. It is alleged that petitioners Rajmal and Chandu were in the Bolero Car whereas, peititoners Mahesh and Pema Ram were in the Eco-Maruti Suzuki Car. It is also submitted that allegation against the petitioner (3 of 4) [CRLMB-3384/2021] Kishan lal is to the effect that he has supplied the said narcotic contraband to the other petitioners. Learned counsels for the petitioners have invited my attention towards the recovery memo and argued that as per the recovery memo, prepared by the police, five bags containing poppy straw weighing 70 kgs. were recovered from the Bolero Car whereas, four bags containing poppy straw weighing 60 kgs. were recovered from the Eco-Maruti Suzuki Car. It is submitted that the Seizure Officer has not taken out separte samples form the each bag filled with poppy straw but has taken out 500 gms. of samples from each bag and thereafter mixed it and taken out sample. Learned counsel for the petiitoners have also invited my attention towards the statements of PW-1 Seizure Officer, who in his statements has also stated that he has taken out 500 gms. of poppy straw from each bag and after mixing the same taken out the sample. 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.

Accordingly, these bail applications filed under Section 439 Cr.P.C. are allowed and it is directed that petitioners Mahesh S/o Narayan Lal Prajapat, Rajmal @ Raju S/o Shri Mangilal, Chandmal S/o Shri Kishanlal, Pema Ram S/o Rata Lal, Kishanlal S/o Shri Mangilal and Chandu S/o Bihari shall be released on bail in connection with FIR No.12/2019 of Police Station Kelwa, District Rajsamand provided he executes a personal bond in the 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.