Order

1. The petitioner has filed this bail application under Section 483 B.N.S.S., arising out of F.I.R. No.05/2025 registered with the Police Station Harnavada Shahji, District Barana for offence under Sections 8, 15 and 25 of N.D.P.S. Act, 1985.

2. The learned counsel for the petitioner submits that this case has been registered on 11.01.2025, alleging recovery of six(6) bags, containing Doda Chura. The learned counsel further submits that the inventory report of the recovery was prepared on 20.01.2025 and as per the inventory report, samples of the alleged contraband, so as to send the same for the FSL, were taken only from two bags, marked as article ‘A’ and ‘E’ only. He further submits that the samples were sent to the FSL on 28.01.2025, after about eight days’, though, the samples were to be sent within seventy two (72) hours. The FSL Report has been received with regard to two samples, taken from the two bags only and in such circumstances, the material which was there in the other four bags, cannot be taken into consideration for weighing the total contraband. He also submits that as per the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 (for short ‘Rules of 2022’), two samples were required to be taken form each bag, however, only one sample each from only two bags were taken and sent to for the FSL report and no samples were taken from remaining four bags, so as to send them for the FSL report. He further submits that there is no other criminal case pending against the present petitioner and only two prosecution witnesses have been examined so far, out of sixteen witnesses. He also submits that the petitioner is in custody since 11.01.2025, and trial of the case is likely to take considerable time to conclude, therefore, he may be enlarged on bail.

3. Learned Public Prosecutor has vehemently opposed the bail application and submits that the present accused-petitioner was found with six bags, containing Doda Chura weighing 141.80 kg, which is above the commercial quantity. He also submits that since the contraband recovered from the possession of the petitioner, is above the commercial quantity, the restriction of Section 37 of the NDPS Act, is attracted, as it cannot be said that the petitioner is not guilty for the alleged offence.

4. Considered the submissions made by the learned counsel for the petitioner as well as the learned Public Prosecutor and also perused the challan papers as well as the other material made available on record.

5. As per the averments made in the F.I.R., the petitioner was found with six bags, which were said to be containing the contraband- Doda Chura. As per the inventory report prepared by the Police, bag Marka ‘A’ contains 20.200 kg Doda Chura, bag Marka ‘B’ contains 21.300 kg Doda Chura, bag Marka ‘C’ contains 25.200 kg Doda Chura, bag Marka ‘D’ contains 25.200 kg Doda Chura, bag Marka ‘E’ contains 25.200 kg Doda Chura and bag Marka ‘E’ contains 25.200 kg Doda Chura. As per the inventory report, the samples were taken only from the bags Marka ‘A’ and ‘E’ and total weight of both the bags is 45.400 kg Doda Chura. The samples were taken only from two bags and were sent for the FSL report.

The alleged contraband in bags Marka ‘A’ and ‘E’ is 45.400 kg Doda Chura, which is less than the commercial quantity. Since no sample was taken or sent for FSL from other four bags, then that cannot be held to be the contraband in absence of any FSL report. There is nothing on record that the police has taken the samples after mixing the total material. In absence of the samples from other four bags, out of total six bags, the material recovered from two bags, can only be treated to be the contraband. The FSL report is only in regard to those two bags Marka ‘A’ and ‘E’ and the total weight of both the bags is 45.400 kg Doda Chura, which is less than the commercial quantity. The petitioner is in custody since 11.