SALEEM Vs. STATE

JUDGEMENT

(1.) The case of the prosecution is that on 15-12-91at about 9.15 p.m. in the stair case of Kotha No. 57, O.B. Road, Delhi,accused was apprehended while he was coming down the stair case. He washolding a box in his hand. On suspension, he was asked to open the box,from which/nine balls like 'Gulabjarnun' of black colour were recovered/which/on weighing were found to be 500 gms., out of which one ball wastaken which was of 65 gms., was sample. The same was sealed with the sealof 'R.K..' and SHO bearing impression 'K.S.'. This/sample was sent to theCFSL. CFSL report has been received which indicates that 60 gms. (appx.)brownish colour solid substance was received which on test was found to be'Charas'

(2.) Counsel for the petitioner contended that report of the CFSLshows that there was a tampering of the seal. The penalty being very severein such a case, sealing and sampling assumes importance. Since betweenthe wheight which was supposed to have been recovered at the site and theone which was reported to have been delivered at the CFSL, there is adifference of 5 gms., Mr. Sud contends that this is a pointer towardstampering.

(3.) Taking into consideration the facts and without touching themerits of this case I think I it is a fit case where bail should be grantedAccordingly, I admit the petitioner on bail on his furnishing bond in the sumof Rs. 20.000.00 with two sureties of the like amount to the satisfaction of theTrial Court.