THE HIGH COURT OF DELHI AT NEW DELHI

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Judgment delivered on: 02.07.2010

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BAIL APPLN 2330/2008

DILIP

..... Appellant

versus

STATE

..... Respondent

Advocates who appeared in this case:

For the Appellant

: Mr Sanjiv Kumar with Mr D.M. Bhalla and Mr S.K. Santoshi

For the Respondent

: Ms Mukta Gupta with Mr Amit Sharma

CORAM:-

HON’BLE MR JUSTICE BADAR DURREZ AHMED

HON’BLE MR JUSTICE AJIT BHARIHOKE

1.

Whether Reporters of local papers may be allowed to

see the judgment ?

Yes

2.

To be referred to the Reporter or not ?

Yes

3.

Whether the judgment should be reported in Digest ?

Yes

BADAR 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 th