Sidhiyanand Rajak v. The State of Bihar through Union of India

.... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 01-03-2012 Heard learned counsel for the parties. The petitioner is in custody in connection with Kangli P.S. Case No. 18 of 2011 for the offences punishable under Sections 20, 22, 23, 27(4) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Allegation against this petitioner is of recovery of 14 kgs. of Nepali Ganja. Learned counsel for the petitioner submits that though the alleged seizure was made on 18th September, 2011 the samples as required to be submitted for confirmation by the Forensic Science Laboratory in terms of Section 52A of the act had not been carried out as late as until 5th October, 2011. He further submits that paragraph 45 of the case diary records no criminal antecedent of this petitioner. Be that as it may, considering the quantum of recovery no case for indulgence is made out presently. The application is dismissed. The petitioner may, however, renew his prayer upon completion of one year of custody. Bibhash/- (Jyoti Saran, J)