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1992 Supreme(Raj) 776

RAJENDRA SAXENA
Meer Khan s/o Raidhan Khan – Appellant
Versus
State of Rajasthan – Respondent


JUDGMENT

1. - Heard. Perused the record of the lower Court as well as the report of the F.S.L. dated 9-6-92- In the said report, the samples marked X-1 to X 12, alleged to have been the samples of heroin recovered from the possession of petitioner Meerkhan and other co-accused persons. Chemical and Micro-chemical analysis have given negative test for chief alkaloids of opium, diacetyl morphine, Amphetamine, mescaline, active chemical constitutents of cannabis, methamphemine, Methylphenidate barbiturates, cocaine and methaqualone.

2. Therefore, from the FSL report prima facie it does not appear that heroin was recovered from the possession of the petitioner. However, the samples of Charas and opium have been found positive containing Charas and Morphine respectively. It is alleged that from the possession of the petitioner 1.060 kg. of Charas and 70 gms opium were recovered. However, in this case, co-accused Mathar Khan and Matadin from whom 1.30 kg. and 500 gms Charas respectively are alleged to have been recovered have already been bailed out, in this case. The learned counsel for the petitioner has also contended that mandatory provisions of Sections 50 and 57 of the NDPE Act have



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