SAH JAMAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Sec. 439 of the Code of Criminal Procedure filed by the petitioner, who is an accused in Badogra P.S. Case No.217 of 2023 dtd. 24/5/2023 under Sec. 21 ( c ) of the NDPS Act 1985 and is in custody from 24/5/23.

(2.) Heard Learned Advocate for the Petitioner and Learned Advocate for the Opposite Party State of West Bengal. Perused the petition filed and materials in the case diary.

(3.) Learned Advocate for the Petitioner submits that his client is an innocent person and is falsely implicated in the instant case. Learned Advocate further submits that the sample which was taken from the spot and marked as A1 was sent to CFSL on 30/05/2023 and the sample taken in front of the Magistrate was not sent to the CFSL which is a clear violation of Sec. 52A of NDPS Act. Learned Advocate also submits that sample which was handed over to the IO by the Learned Magistrate was not sent to the CFSL which is a clear violation of law. Learned Advocate draws attention to the Forensic Examination Report and points out that samples were sent on 30/5/2023, and submits that sample A1 is not the sample taken in front of the Magistrate. Learned Advocate refers to the decision of the Hon'ble Supreme Court in the case of Samarjit Singh VS State of Punjab reported in 2023 Live Law (SC). 570, and other decisions on this point passed by Co-ordinate Bench of this Court in different bail applications.