PARNEET GHILDAYAL Vs. STATE

JUDGEMENT

(1.) This order is to dispose of an application under Section 439, Code of Criminal Procedure, by Pameet Ghildayal, for being released on bail, in case FIR No. 457/90, Police Station Ambedkar Nagar, under Section 20 of the Narcotic Durgs and Psychotropic Substance (hereinafter referred to as the NDPS Act).

(2.) According to the prosecution story, on receipt of a secret information a raiding party was organised by S.I., K.L. Yadav in which besides police officials one Ashok Kumar from public was "also joined. The petitioner was apprehended having a thela' in his right hand The petitioner was given an option of being searched In the presence of a Metropolitan Magistrate or a gazetted officer, which was declined. On search he was found to be in possession of I kilogram of charas. 50 gms. charas was separated as a sample and thereafter both the sample and the remaining charas were sealed separately with the seal of K.I. & S.K.T. The sample well analysed in CFSL gave positive test for charas. It is in these circumstances that the petitioner has been arrested and is at present in custody.

(3.) Learned Counsel for the petitioner has submitted that the facts have now come to light after getting copies of the challan indicating that the sample sent to the CFSL have been tempered with and on this account it cannot be said that the recovery effected from the petitioner was that of charas and on this account the petitioner is entitled to be released on bail. He has further submitted that accordingly to the prosecution story 50 gms. was sealed separately as a sample, but when examined in the CFSL it has been found to 60 gms. from which the only conclusion could be that it has been tempered with.