DHANJI BHAI Vs. STATE

JUDGEMENT

(1.) DEFECTS pointed out by the Office, are over ruled.

(2.) THE earlier bail application was dismissed when the Advocates were on strike. Learned counsel for the petitioner submits that this second bail application has been presented after filing of challan and there is nothing in the challan papers to show that Forensic Science Laboratory report has been received in this case or not. In the absence of such report, it cannot be said with certainty that smack alleged to have been recovered from the possession of the petitioner is smack or not. In the charge sheet filed by the police, which has been perused by me today, it has been stated that the F. S. L. report has not yet been received. In similar circumstances, this Court in Mukhtyar Baig vs. State of Rajasthan (1) allowed the bail. So, while placing reliance on the case of Mukhtyar Baig (Supra), this bail application is, therefore, allowed.