Allahabad High Court Refuses Bail : NDPS : Minor Difference In The Weight Of Sample Sent To Lab Cannot Shake Root Of Prosecution’s Case
Allahabad High Court Refuses Bail : NDPS : Minor Difference In The Weight Of Sample Sent To Lab Cannot Shake Root Of Prosecution’s Case
Recently Allahabad High Court refuses two bail petitions filed by the accused under the NDPS Act.
Justice Krishan Pahal observed that a minor difference in the weight of the sample sent to the Forensic Laboratory cannot shake the prosecution case’s foundation. The two accused were arrested from the general bogey of a train for allegedly being in possession of a total of 7 KG of opium and were charged under Sections 8(C)/18/29 of the NDPS Act.
In this case, 4 kg and 3 kg of opium were recovered from Chhotey Lal and Kavinder Kumar’s bags, respectively. A 25-gram sample was taken from each packet and sealed before being sent for forensic analysis.
The accused then moved to the High Court, claiming that there was a weight difference in three of the seven samples received, with samples P2S1 and P6S1 weighing 22.2 grammes and 21.6 grammes, respectively. As a result, they were found to be 2.8 and 3.4 grammes short of the required weight, respectively.
Against this backdrop, it was argued that the quantity of each sample for chemical analysis should not be less than 24 grammes in the case of Opium, and that because the requisite directions provided in Standing Order 1/89 dated 13.06.1989 were not followed, the applicants are only entitled to bail on this basis. The Court said that the presence of applicants who are not from their usual place of residence casts even more doubt on his defence. The sample was taken before the concerned Magistrate, which rules out any possibility of adulteration.
The Court observed that there is no evidence to suggest that the accused harbours any ill will toward N.C.B. officials. Standing Order No. 1/88 has been followed. The call details back up the prosecution’s story.
As a result, taking into account the facts and circumstances of the case, the nature of the offence, the evidence on record and the accused’s complicity, as well as the severity of punishment, the Court rejected bail petition.
