IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22709 of 2010 SUDHANSHU KUMAR Versus STATE OF BIHAR with Cr.Misc. No.25585 of 2010 AWADHESH KUMAR SAH @ AWADHESH KUMAR Versus STATE OF BIHAR & ANR ----------- 07/ 05.01.2011 Above stated criminal miscellaneous cases have arisen out of Brahmpura P.S. Case no. 103/2010 registered under sections 20 and 22 of the NDPS Act and accordingly, both the above stated cases have been disposed of by this common order. Heard learned counsel for the petitioners as well as learned P.P. for the State. Allegedly, petitioners were caught by the informant and other police officials at the spot while they were carrying contraband article and allegedly 15 purias of smack were recovered from the possession of the petitioner in Cr. Misc. no. 25585/2010 whereas some smacks kept in a syringe were recovered from the possession of the petitioner in Cr. Misc. no.22709/2010. The contention of the learned counsel for the petitioners is that the weight of the aforesaid smacks has been given as 20 grams in seizure list but it is not clear as to how much smacks were recovered from the possession of each petitioner. He further states even if it is assumed that weight of seized smacks was up to 20 grams then also the aforesaid quantity comes under the category of less than commercial quantity. He further points out that the petitioners do not have any criminal antecedent. - 2 - It would appear from perusal of the record that vide letter no. 4338 dated 18.9.2010 learned Sessions Judge reported to this court that the seized article has been sent to Forensic Science Laboratory, Patna for chemical examination whereas letter no.943 dated 9.11.2010 of the Director of the Forensic Science Laboratory, Patna reveals that seized article has not been received to his office as yet. Learned P.P. submits that Investigating Officer at para 42 of the case diary dated 17.6.2010 has incorporated that steps are being taken to send seized article for chemical examination. It is surprising enough that up till now the seized article has not been sent to Forensic Science Laboratory, Patna for chemical examination. Let the aforesaid matter be brought to the Superintendent of Police, Muzaffarpur for conducting an enquiry about the aforesaid matter and if any laches is found on the part of the Investigating Officer, the Superintendent of Police, Muzaffarpur shall take appropriate action and deal with the concerned Investigating officer as per law and rules. So far as the merit of the cases is concerned, I am fully in agreement with the submissions of the learned counsel for the petitioners that it is not clear as to how much quantity has been recovered from the possession of each petitioner. Considering the aforesaid facts and circumstances both the above petitioners (Sudhanshu Kumar and Awadhesh Kumar Sah @ Awadhesh Kumar) are directed to be released on bail in connection with Brahmpura P.S. Case no. 103 of 2010 on furnishing bail bond of - 3 - Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Special Judge, NDPS Act-cum-Sessions Judge, Muzaffarpur. shahid (Hemant Kumar Srivastava,J)