MANGNA Vs. STATE

JUDGEMENT

(1.) By this petition under Section 439 Cr.P.C. read with Section 37 Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act'), petitioner is seeking bail in case FIR No. 831/99, under Sections 21/61/85 NDPS Act, P.S. Mangolpuri. Petitioner's first application for bail was dismissed by Hon'ble Mr. Justice J.D. Kapoor vide order dated 13.11.2002 passed in Crl.M.(M). No. 3691/ 2002.

(2.) Prosecution allegations in brief are that on 16.9.1999 at about 1.55 p.m., petitioner was apprehended near Jhuggi Camp, Beniwal, Nagar, Parwana Road, Pitampura, Delhi and 700 grams of smack was recovered from her . possession. The same was seized and sealed; samples were drawn in accordance with law. In the course of investigation, the sample was sent for analysis to the Forensic Science Laboratory, Government of NCT of Delhi (for short 'FSL'), which after chemical analysis, vide its report dated 13.9.1999 opined that no diacetylmorphine or other opium derivatives, were found in the sample. Relevant portion of the report reads as under:-

(3.) On 5.12.1999, two new samples were taken out by Head Constable from the case property lying in the 'Malkhana' (store). One was sent to CFSL at Hyderabad, A.P. which analysed the sample and opined as under:-