Barsati S/O Ram Pyare vs Uttar Pradesh Sarkar
2012 Latest Caselaw 1176 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- BAIL No. - 682 of 2011
 

 
Petitioner :- Barsati S/O Ram Pyare
 
Respondent :- Uttar Pradesh Sarkar
 
Petitioner Counsel :- Rakesh Kumar Mishra,R.P.Mishra Ii
 
Respondent Counsel :- G.A
 

 
Hon'ble Ajai Lamba,J.

Applicant-accused is in jail in Case Crime No.258 of 2010 under Section 8/20, Narcotic Drugs and Psychotropic Substances Act, 1985 (in short 'N.D.P.S. Act') Police Station  Kotwali Dehat, District Bahraich.

It has been pointed out that the alleged recovery of 1 Kilogram and 100 Grams of  charas was affected on 28.3.2010.  Sample was forwarded to the Director, Forensic Science Laboratory (in short 'F.S.L.'), Maha Nagar, Lucknow, alongwith communication dated 19.4.2010 as is evident from Annexure-3.  The sample was received in the laboratory on 20.4.2010.

Vide order dated 02.1.2012, Co-ordinate Bench of this court has noted that chemical examination report which would indicate whether the substance recovered is narcotic substance or not, has not been received, even though substantial time has passed.

Learned counsel for the respondent-State informs the court that even till date Chemical Examiner's report has not been received.

Let the Director, F.S.L, Maha Nagar, Lucknow, remain present in court on the next date of listing alongwith explanation as to under what circumstances the Chemical Examination report in regard to the recovered substance of this case, has not been sent to the Court, even  though more than two years have passed.

Delay in sending the report might not only result in extension of custody of an accused, impinging on his liberty, but also interferes with administration of criminal justice.

List on 14.5.2012.

Let Registrar, High Court, Lucknow, ensure compliance of this order.

Order Date :- 1.5.2012

A.Nigam