J. K. Mehra, J. (Oral)

( 1 ) SINCE only a short point is involved in this case, I have proceeded to hear the main appeal.

( 2 ) MY attention has been drawn to primarily two serious violations of the mandatory requirements. Firstly that the CFSL form was not sent when the samples were sent for analysis. Secondly, no report, as contemplated under Section 57 of NDPS Act, was ever submitted to the superior of the I. O. after the search had been completed. The fact of these lapses is confirmed from the original record and it is also not disputed by counsel for the State before me. The requirement of forwarding the CFSL form alongwith the samples has been stressed by this Court and also various other High Courts. A reference in this behalf be made to the following judgements.

1. Safiullah Vs. State, reported as 1993 0 JCC 33;

2. Amarjit Singh Vs. State, reported as 1995 0 JCC 91;

3. Shankariya Vs. State, reported as 1996 0 JCC 136;

4. Abdul Ghaffar Vs. State, reported as 1996 0 JCC 497;

5. Prem Singh Vs. State, reported as 1996 0 JCC 519;

6. Mehndi Hassan Vs. State, reported as 1996 0 JCC 653;

7. Shiv Rawat Vs. State, reported as 1997 JCC 14;

8. Nathiya Vs. State, reported as 1992 (1) Crimes 537

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