Vijender Jain, J. (Oral)

( 1 ) THIS is a petition under Section 397 of the Code of Criminal Procedure (in short "cr. P. C:" ). According to Shri Jagat Rana, learned counsel for- petitioner, the alleged recovery of opium was effected from accused on, 6. 6. 1990 out of which 200-gms was sent to C. F. S. L. On 24. 8. 1990 a report , was received from C. F. S. L. and challan was filed on 6. 11. 1990, although the date on the report of C. F. S. L. is 24. 8. 1990. Mr. Rana has contended on the basis of the report that no case has been made out against the accused under the provisions of NDPS Act and keeping that factor in view, the High Court granted bail on 7. 11. 1990.

( 2 ) ACCORDING to the petitioner, constroversy has arisen as the prosecution after coming to know the insufficiency in their case moved an application after two years before the learned Addtional Sessions Judge (ASJ) on 31. 8. 1992 for drawing the second sample from the case property. On 7. 9. 1992 learned ASJ allowed the application and ordered that the second sample maybe sent to any other C. F. S. L. laboratory situated in North India barring C. F. S. L. Lodi Road and that of Chandigarh as prayed by the counsel for th

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