BALI KHAN Vs. STATE

JUDGEMENT

(1.) The present application under Sec. 439 of the Code of Criminal Procedure, 1973 ('CrPC') seeks regular bail in case FIR No. 54/2020 under Ss. 20/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act') registered at PS Crime Branch.

(2.) The case of the prosecution is that on 24/2/2020 at 7:00 AM, an information was received with regard to one Masibur, coming to new Delhi Railway station via Apurva Express from Kolkata carrying ganja which will be delivered to the Bali Khan, the present applicant. Accordingly, after completion of necessary formalities, a raid was conducted and the present applicant was apprehended along with driver of the Eco Van from which ganja was recovered. Accused Masibur was able to run away from the station and was subsequently arrested. After completion of investigation, chargesheet in the present case was filed.

(3.) Learned counsel appearing on behalf applicant submitted that the latter has been falsely implicated in the present case. It was submitted that in the present case, result of the examination of the seized contraband was filed by the Forensic Sciences Laboratory, Delhi ('FSL) as Ex.PW-3/1 under the seal of Dr. Adesh Kumar and he appeared before the learned Trial Court as PW-3. In his cross-examination, he referred to the chemical test and stated 'I had conducted the Fast Blue B Test, During the chemical test, after mixing the chemical into contraband shows YELLOWISH COLOUR followed by sodium hydroxide'.