JUNG BAHADUR SINGH Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) BY this application, the petitioner seeks bail in case F. I. R. No. 5 of 2007 registered against him under Sections 21 and 29 of N. D. P. S. Act at police Station Special Cell.

(2.) THE petitioner was found in possession of 1. 10 kg of heroin. The sample was sent for chemical analysis to find out the percentage of the contraband drug. Although, out of one kg, sample of 50 gms was taken out for chemical analysis but it turned out to be 56 gms. Learned counsel appearing for the petitioner, therefore, urged that the sample so sent was tampered with and on this sole ground, the petitioner is entitled to bail.

(3.) IN support of his contention, he placed reliance on a judgment reported in 1992 JCC 178 being Criminal M. (M) No. 1119 of 1991 titled Parneet ghildayal vs. State, where too, similar question came up for consideration. In that case also, one kg charas was recovered out of which 50 gms was separated as sample and sealed separately but when examined in CFSL, it was found to be 60 gms. The court, while dealing with that aspect held that the difference of 10 gms was not insignificant and the petitioner in that case was granted bail on that ground also.