SAROJNEI SAKSENA
Bagga Singh – Appellant
Versus
State of Punjab – Respondent
Dr. Sarojnei Saksena, J. - Petitioner is claiming bail under Section 439 Criminal Procedure Code He is arrested on 16.9.1997 for an offence under Section 15 of the N.D.P.S. Act (for short the Act) on the allegation that he was having in his possession 20 kgs. 250 gms of Poppy Husk. Learned counsel for the petitioner contended that petitioner is 16 years of age but still he has not been released on bail despite Apex Courts judgment. He also submits that the contraband was sent to Chemical Examiner but as per Section 2(c) of the Narcotic Drugs and Psychotropic Substances Rules, 1985, Chemical Examiner means the Chemical Examiner, Government Opium and Alkaloid Works, Neemuch or, as the case may be, Ghazipur. He also contended that the rules are made by the Central Government vide notification No. GSR 877(E) dated 14.11.1985. As per these rules, the appointment of a Chemical Examiner, for the purposes of analysis of N.D.P.S. contraband can only be made by the Central Government but in the present case the appointment of Chemical Examiner at Bhatinda has been made by the Punjab State. There is no mention in the Act that powers can also be delegated to the State. On that premise,
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