JUDGMENT

Dama Seshadri Naidu, J. - Introduction:

There are two bail applications. Arrested for the offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 ("the NDPS Act"), a man and a woman seek their release on various grounds. They have pleaded that (a) without an FSL Report, the chargesheet is incomplete, attracting Section 36A (4) of the Act; (b) that 'field test' is inadequate and suffers from an element of departmental bias; (c) that the whole contraband must be subjected to forensic analysis to determine the nature of the substance and the quantity as well; and (d) that a woman's arrest before sun rise offends section 46 of Cr PC?

2. Let us see which ground stands the judicial scrutiny.

Facts:

3. The applicant is the sole accused in Crime No. 7/2020, registered by the Anti Narcotic Cell Police Station, Goa. This crime attracts section 22(c) of the NDPS Act.

4. As to the facts in brief, on 12.3.2020 a team of ANC police personnel had been on the general patrolling. That night they received information during their rounds that the applicant had been trying to sell some contraband and deliver it to the prospective customer between 2.30 and 3.00 am. As the informati