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From the side of the applicant counsel it is submitted that the mandatory provision for taking procedure for sample has not been followed. Applicant/accused is in custody on 15.02.2022.After investigation, charge sheet has been filed. He should be released on bail. In support of their contention learned counsel for applicant-accused has relied on judgment passed by High Court of Judicature For Rajasthan At Jodhpur in CrLMB 5643/2019 (Laal Singh Vs. State of Rajasthan) on 16.05.2019 in which the same facts were taken into consideration. In that case SHO Police Station Arnod District Pratapgarh seized 1264 kg and 800 gm poppy husk contained in 57 bags. Seizure Officer first mixed all the poppy husk contained in 57 bags, on a tarpaulin and thereafter took two samples of 1 kg from bag No.1.

Learned counsel for applicant has also relied upon Criminal Misc. Bail Application No. 9660/2021 (Omprakash Verma Vs.State of UP) passed by High Court of Judicature at Allahbad, Lucknow Bench wherein para 6 and 11 it has been held:-

6 . Learned counsel for the applicant has submitted that the general procedure for sampling provided in Standing Order No. 01 of 1989 dated 13.06.1989 has not been complied by the opposite party. He has relied upon clause 2.1 to 2.8 of the aforesaid standing order quoted herein below :-

Application stands allowed and disposed of.

Before parting with the case, I would like to comment the manner in which seizure was made and further investigation was done by Police Sub Inspector Prakash Chandra Chouhan of Police Station Padav due to his faulty procedure of taking sample, applicant/accused on whom acquisition of having possession of commercial quantity of 21 Kgs was released on the faulty investigation done by Shri Prakash Chandra Chouhan.

Copy of this order be sent to the Additional Director General of Police, Chambal Range, Gwalior and Superintendent of Police, Gwalior for their information and necessary action and with the direction that they should hold a training programme of their police officers for doing the investigation under NDPS Act. Further, the aforesaid officers are directed to take disciplinary action against seizing officer Prakash Chandra Chouhan and inform the registry accordingly.