ORDER : FARJAND ALI, J. 1. The jurisdiction of this Court has been invoked by way of filing an application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below: S. No. Particulars of the Case 1. FIR Number 246/2022 2. Concerned Police Station Phulia kalan 3. District Bhilwara 4. Offences alleged in the FIR Section 8/15 of the NDPS Act 5. Offences added, if any Sections 468 & 471 of the IPC 6. Date of passing of impugned order 04.11.2024 2. In nutshell the case of the prosecution on 26.11.2022 Shri Dalpat Singh, SHO, Police Station Phulia Kalan, alongwith his team when reached Ganpatiya Kheda Crossroad, where a car approaching from Ganpatiya Kheda towards Kheda Hetam had turned back upon noticing the police force. Suspecting foul play, the car had been intercepted at Sangari Road; the driver disclosed his name Hemraj during search four white plastic sacks containing poppy husk had been found in the car. The weight of the poppy husk was 74 kilograms, from which samples were taken whereafter marked and sent for FSL analysis. The petitioner was arrested and a case under FIR No. 246/2022 for offences under Sections 8/15 of the NDPS Act had been registered. the investigation had been handed over to the Station House Officer of Shahpura. Subsequently, a charge sheet had been filed against Hemraj under Sections 8/15 of the NDPS Act and Sections 468, 471 IPC, with pending investigation against co-accused Sonu alias Prakash Jat under Section 173(8) CrPC, which had been submitted to this Court on 23.05.2023, and the case is presently at the stage of prosecution evidence. His first bail application being SBCRLMB No.14225/2023 got dismissed as not pressed by this Court vide order 08.01.2024. Hence, the instant bail application. 3. It is contended on behalf of the accused-petitioner that he is a young boy and no case for the alleged offences is made out against him and his incarceration is not warranted. There are no factors at play in the case at hand that may work against grant of bail to the accused-petitioner and he has been made an accused based on conjectures and surmises. 4. Contrary to the submissions of learned counsel for the petitioner, learned Special Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail. 4. Contrary to the submissions of learned counsel for the petitioner, learned Special Public Prosecutor opposes the bail application and submits that the present case is not fit for enlargement of accused on bail. 5. I have considered the submissions made by the parties and have perused the material available on record. 6. Though the earlier bail application of the petitioner was dismissed as not pressed by this Court vide order dated 08.01.2024 passed in SBCRLMB No.14225/2023 but the petitioner has filed instant bail application because looking to the snail pace progress of the trial, he has again approach this Court for protecting his liberty. 7. Perusal of the record revealing that the petitioner is behind the bar in this case since 26.11.2022. At the time of search and seizure 74 Kg poppy husk came to be recovered from the alleged vehicle which was being driven by the petitioner. Seizing Officer has been examined in the trial and he has made certain admissions and so also some of the replies in cross-examination somehow supervising the case of the accused revealing that compliance of mandatory provisions have not been strictly followed. 8. It would be worthwhile to mention here that by virtue of powers given under Section 52-A r.w. Section 76 of the NDPS Act, the Central Govt. Department of Finance issued a Gazette Notification dated 23.12.2022 regarding classification, seizing, sealing, storing, taking samples of the contraband etc. called as Narcotic Drugs and Psychotropic Substances (seizure, search, sampling and disposal), Rules 2022 (hereinafter referred as ‘the Rules of 2022’). The said Rule came into force from 23.12.2022. It would be relevant to reproduce certain provisions, which are as under:- 3. Classification of seized material. – (1) The narcotic drugs, psychotropic substances and controlled substances seized under the Act shall be classified based on physical properties and results of the drug detection kit, if any, and shall be weighed separately. (2) If the narcotic drugs, psychotropic substances and controlled substances are found in packages or containers, such packages and containers shall be weighed separately and serially numbered for the purpose of identification. (2) If the narcotic drugs, psychotropic substances and controlled substances are found in packages or containers, such packages and containers shall be weighed separately and serially numbered for the purpose of identification. (3) All narcotic drugs, psychotropic substances and controlled substances found in loose form shall be packed in tamper proof bag or in container, which shall be serially numbered and weighed and the particular of drugs and the date of seizure shall also be mentioned on such bag or container: Provided that bulk quantities of ganja, poppy straw may be packed in gunny bags and sealed in such way that it cannot be tempered with: Provided further that seized concealing material such as trolley bags, backpack and other seized articles shall be sealed separately. (4) The classification, weighing, packaging and numbering referred to in this sub-rule shall be done in the presence of search witnesses (Panchas) and the person from whose possession the drugs and substances was recovered and a mention to this effect shall invariably be made in the panchnama drawn on the spot of seizure. (5) The detailed inventory of the packages, containers, conveyances and other seized articles shall be prepared and attached to the panchnama. 6. ……… 7. …….. 8. Application to Magistrate. – After the seized material under the Act is forwarded to the officer-in- charge of the nearest police station or to the officer empowered under section 53 of the Act or if it is seized by such an officer himself, he shall prepare an inventory of such material in Form-4 and apply to the Magistrate, at the earliest, under sub-section (2) of section 52A of the Act in Form-5. 9. Samples to be drawn in the presence of Magistrate. – After application to the Magistrate under sub-section (2) of section 52A of the Act is made, the Investigating Officer shall ensure that samples of the seized material are drawn in the presence of the Magistrate and the same is certified by the magistrate in accordance with the provisions of the said-sub- section. 10. …….. 11. …….. 12. …….. 13. Despatch of sample for testing . – (1) The samples after being certified by the Magistrate shall be sent directly to any one of the jurisdictional laboratories of Central Revenue Control Laboratory, Central Forensic Science Laboratory or State Forensic Science Laboratory, as the case may be, for chemical analysis without any delay. 10. …….. 11. …….. 12. …….. 13. Despatch of sample for testing . – (1) The samples after being certified by the Magistrate shall be sent directly to any one of the jurisdictional laboratories of Central Revenue Control Laboratory, Central Forensic Science Laboratory or State Forensic Science Laboratory, as the case may be, for chemical analysis without any delay. (2) The samples of seized drugs or substances shall be despatched to the jurisdictional laboratories under the cover of the Test Memo, which shall be prepared in triplicate, in Form-6. (3) The original and duplicate of the Test Memo shall be sent to the jurisdictional laboratory alongwith the samples and the triplicate shall be retained in the case file of the seizing officer. A combined reading of Rules 3, 8, 9 & 13 of the Rules of 2022 manifesting that after seizure of the contraband, the officer has to move an application to the Magistrate and whereafter, the samples are supposed to be taken in his presence and whereafter the verified samples are supposed to be sent to the Forensic Laboratory for the purpose of detection of any Narcotic Drugs and Psychotropic Substance in the seized article. Ostensibly, no such task has been undertaken in this case and thus, it would be a serious question of law as to whether the FSL report of the samples taken from the spot can be treated as a decisive piece of evidence to substantiate the charge so as to punish him under the NDPS Act. 9. Admittedly, in the case at hand, the samples which were sent to the FSL were not sent after getting verification from the Magistrate as envisaged under the Rules of 2022 aforesaid which is direct contravention of the Rules of 2022. Thus it is argued that the recovery vitiates on this count alone since the chemical examiner report will not be sufficient to prove recovery of contraband from the possession of the petitioner and prima facie, this Court feels that the plea has a substance and is appreciable but since the trial is still pending, therefore, I wouldn’t like to give definite and final opinion in this regard as the same may influence the course of trial, however, keeping the above in mind, I feel that the embargo contained under Section 37 of the NDPS Act will not come in the way of granting bail to the petitioner. 10. 10. Considering the overall facts and circumstances of the case and the fact that petitioner is a young boy of 20 years and the recovered contraband is only 24 Kg above from the demarcated quantity, he has not any criminal antecedent except the present one further the fact that he is student and long incarceration will destroy his career and looking to the fact that there is high probability that the trial may take long time to conclude, it is deemed suitable to grant the benefit of bail to the petitioner in the present matter. 11. Accordingly, the instant second bail application under Section 439 Cr.P.C. is allowed and it is ordered that the accused- petitioner as named in the cause title shall be enlarged on bail provided he furnishes a personal bond in the sum of Rs.50,000/- with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance before the court concerned on all the dates of hearing as and when called upon to do so.