AJAY KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This criminal revision is directed against the order impugned dated 28.1.2009 passed by the learned Sessions judge, Deoghar in G.R. No. 942 of 2007, arising out of Deoghar P.S. Case No. 392 of 2007 by which the petition filed on behalf of the petitioner for his discharge under Section 227 of the Code of Criminal Procedure was rejected. Petitioner was arrayed for the alleged offence under Sections 20/22 of the Narcotic Drugs and Psychotropic Substances Act.

(2.) It was alleged that on 2.9.2007, the informant - Sub Divisional Police Officer, Deoghar on tip off when raided the private bus stand, Deoghar at about 5:00 a.m., petitioner was found in possession of a bag and on its search, about 8 Kg. cannabis (Ganja) was recovered in presence of independent witnesses, though he tried to run any at the sight of the police party.

(3.) The main contention of the petitioner was that no report from the forensic science laboratory was obtained as to whether the material alleged to be seized from the possession of the petitioner was narcotic drugs or psychotropic substance and charge-sheet was submitted after investigation of the case only on suspicion and without authentic proof.