MOHAMMED SHAFIQ @ CHAPPI Vs. THE STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner is seeking to be enlarged on bail in connection with his detention pursuant to proceedings initiated under Section 22(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') in Crime No.25/2019.

(2.) The case of the prosecution is that on the complaint filed by the P.S.I. of City Crime Branch, Mangalore on 27.02.2019 alleging that the complainant had got credible information that a person standing near Lalith International Hotel at Surathkal Junction was trying to sell Narcotic Drugs and acting on the said information, the police officials had gone to the spot along with panchas. It is stated that the petitioner was apprehended on the spot and after following due procedure, there was recovery of two packets with M.D.M.A substance weighing 30 Gms. It is stated that a mobile phone and cash was seized from the custody. On the basis of the complaint, FIR was registered and investigation is in progress.

(3.) Learned counsel for the petitioner states that the petitioner is in custody since 27.02.2019. He further contends that the report from the Forensic Science Laboratory (FSL) not having been received till date, there is violation of the Regulation 1.18, which is a standing instruction, which requires to be complied with. It is stated that the quantitative and qualitative report should have been obtained by now as more than 3 months have elapsed since the sample has been sent to the laboratory for testing. Learned counsel for the petitioner also contends that there are other violations including the procedural violation under Sections 41 and 42 of the NDPS Act.