SIDDIQ AHAMED Vs. STATE

JUDGEMENT

(1.) The petitioners, who are arraigned as Accused Nos.1 and 2 respectively in Crime No.94/2018 for the offences punishable under Sections 8(c), 21(c) and 20(B)(ii)(C) of Narcotic Drugs and Psychotropic Substances Act, 1988, have filed the above said petitions for grant of bail under Section 439 of Cr.PC seeking for bail.

(2.) The brief facts of the case are that, the Respondent-Siddaguntepalya Police, on receipt of a credible information that, the accused persons are transporting some Narcotic Drugs for the purpose of selling the same, on 20.50.2019 at about 10.15 am., they went near Tavarekere Bus Stop within the jurisdiction of Siddaguntepalya Police Station and where they found two persons at the spot and in fact, they raided that spot and caught hold those two persons (the petitioners herein). On enquiry and search of them, the police found 11 gms.of MDMA Narcotic Drug and 2.100 gms. of Ganja. On the basis of which, they conducted mahazar on the spot and recovered the said articles and arrested the petitioners on the same day, and since then the petitioners are in judicial custody. After interrogation of the accused persons, it appears they were produced before the jurisdictional court and they were remanded to judicial custody and now, they are no more required for any further investigation.

(3.) Learned counsel for the petitioners mainly relying upon the legal lapses on the part of the Investigating agency, sought for bail in respect of petitioners. It is contended by the learned counsel for the petitioners that, according to the standing instructions of the Central Government in Standing Instructions No.1/2018 which lays down the law that the Investigating agency has to obtain qualitative and quantitative report within prescribed time from the Forensic Science Laboratory in order to establish that the seized articles were Narcotic Drug. In the absence of securing of such Forensic Science Laboratory report within the prescribed period, the accused are entitled to be enlarged on bail. As the Section 37 of the Act, has no application when statutory or legal requirement is not complied strictly by the Investigating Agency.