ORDER

1. Leave granted.

2. Heard counsel for the appellant.

3. The respondent, though served, has not entered appearance.

4. The respondent was released on bail by the impugned order on the ground that in the laboratory test it was found that the sample did not contain a narcotic or psychotropic substance. Counsel for the appellant contends that this is incorrect and the sample in fact contains the presence of narcotic and psychotropic substance and the release of the respondent on bail in the face of Section 37 of the Narcotic Drugs and Psychotropic Substances Act was illegal.

5. In our opinion, the learned Single Judge should not have released the accused on bail on the ground that the sample did not contain presence of narcotic and psychotropic substance. The fact that he had been in custody for a period of six months was also not a valid reason to release him on bail in a crime of this nature. In the result, we set aside the impugned order and direct the Principal Sessions Judge, Thiruvananthapuram to take appropriate steps.

The appeal is disposed of in the above terms.