IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65987 of 2021

Arising Out of PS. Case No.-33 Year-2021 Thana- SUHAIL District- Gaya

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VIKRAM KUMAR SON OF BASANT MISTRI RESIDENT OF VILLAGE-

DUDHMALIYA, SALAIYA, P.S- SOHAIL, DIST- GAYA.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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Appearance :

For the Petitioner/s

:

Mr. Syed Asgher Najmi, Advocate.

For the Opposite Party/s :

Mr. Ram Anurag Singh, A.P.P.

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CORAM: HONOURABLE MR. JUSTICE A. M. BADAR

ORAL ORDER

7

31-03-2022

The applicant by this application is seeking regular bail

after filing of the charge-sheet. He is an accused in Crime No.33

of 2021 (N.D.P.S. Case No.66 of 2021) registered with Police

Station-Sohail for the offences punishable under Sections

8/20(B)(ii)(c), 25/29 of the NDPS Act.

Heard learned counsel appearing for the applicant/

accused. He argued that the substance seized from the applicant

can at the most be considered as prepared opium and the

Forensic Science Laboratory report does not contain percentage

of morphine in the said substance. It is further argued that there

is delay in sending the contraband for examination and the

report of the Forensic Science Laboratory was prepared in

utterly haste. With this, the bail is claimed.

The learned A.P.P. opposed the application by filing the

Patna High Court CR. MISC. No.65987 of 2021(7) dt.31-03-2022

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counter affidavit.

I have considered the submissions so advanced.

Section 2(xv) of the Narcotic Drugs and Psychotropic

Substances Act, 1985 defines “opium” thus:-

“2(xv) “opium” means-

(a) the coagulated juice of the opium poppy; and

(b) any mixture, with or without any neutral material, of

the coagulated juice of the opium poppy,

but does not include any preparation containing not more than

0.2 per cent. of morphine;”

It is thus clear that the coagulated juice of the opium

poppy or any mixture with neutral material, of the coagulated

juice of the opium poppy can be considered as opium.

In the case in hand, the seized substance was sent for

forensic examination to two Forensic Science Laboratories and

both of them reported that it is an opium. Whether the report

was prepared in undue haste is the subject matter of the trial and

that too to be determined after examination of the Scientist who

conducted the forensic examination. The applicant was found to

be possessing 1050 grams of opium by the police during raid

conducted by it.

In this view of the matter, no case for grant of bail to the

applicant is made out. The application is, accordingly, rejected.

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The applicant to remove all office objections forthwith

and the Registry to issue the certified copy of this order only

after removal of office objections by the applicant/accused.

P.S./-

(A. M. Badar, J)

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