DAR DURREZ AHMED, J

(1) The following question has been referred to this Bench by a learned Single Judge of this court:-

"Whether the percentage of THC in a sample of charas can by itself be determinative of the purity of the sample and whether such test is relevant or necessary for the purpose of considering the grant of bail or of awarding of sentence in terms of Section 21 read with Section 37 of the NDPS?"

(2) The above question was referred by the learned single Judge of this court by virtue of an order dated 01.05.2009. The background for such a reference is that in the course of hearing of the bail application, one of the points that arose for consideration was whether the percentage content of Tetrahydrocannabinol (THC) in the quantity of charas recovered from the petitioner could actually be determinative of its purity. As per the prosecution, the petitioner was found in possession of 4 kg of charas which would fall in the category of commercial quantity. The petitioner has been in custody since 24.05.2005. During the trial, Dr Madhulika Sharma, Assistant Director (Chemistry), Forensic Science Laboratory had deposed that she had found the parcel sent to her in the pr