JUDGMENT :

Dipak Misra, J.

The pivotal issue that emanates for consideration in this appeal, by special leave, is whether the learned Special Judge was justified in granting compensation of an amount of Rs.1,50,000/-to each of the respondents who had been arraigned as accused for the offences punishable under Sections 8/21(B) and 8/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for brevity, “the NDPS Act”) on the foundation that there was delay in obtaining the report from the Forensic Science Laboratory and further the test showed that the seized items did not contain any contraband article and, therefore, they had suffered illegal custody, and whether the High Court has correctly appreciated the fact situation to affirm the view expressed by the learned trial Judge by opining that the grant of compensation is not erroneous.

2. The facts which are necessary to be stated for adjudication of the limited issue are that on 02.11.2011, PW-5 Nemichand, SHO, PS Bhimganj along with PW4, Umrao, Constable and PW6, Om Prakash, Head Constable while carrying on patrolling duty, noticed the two accused persons together and seeing the police vehicle, accused Jainuddin speedily mo