BITTA SHEIKH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) As per the allegations made against the petitioner, a polythene bag weighing 1 Kg. 700 Grams charas was recovered from him. He is accordingly accused of offences under the Narcotic Drugs & Psychotropic Substances Act.

(2.) To press for his prayer for bail, the counsel contends that the mandatory provisions of Section 50 of the Act were not complied with. Counsel further contends that incomplete challan was presented without the chemical examination report and, thus, it can not be certain if the quantity recovered is actually charas. In support, he has referred to a judgment of Bombay High Court in Sunil Vasantrao Phulbande & anr. Vs. State of Maharashtra, 2003 2 RCR(Cri) 171.

(3.) The Court in Sunil Vasantrao Phulbande's case was dealing with the submission made for grant of bail under Section 167(2) Cr.P.C. on the ground that challan presented was incomplete. The Court took the view that in the absence of chemical analysis report, the Magistrate may not be in a position to take cognizance.