IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Original Jurisdiction Dated : Nainital: the 28th day of July, 2008 First Bail Application No. 373 of 2008 Order on the Bail Application: CRIMINAL SIDE Lalit Bahadur - Applicant/Petitioner Versus State of Uttarakhand - Respondent Arising out of Crime No.3673 of 2007 Under Sections: 18/20 N.D.P.S. Act Police Station : Khatima District : Udham Singh Nagar ________________________________________________________ Hon’ble V.K. Gupta, C.J. Mr. Yogesh Pacholia, Advocate for the petitioner. Mr. Nandan Arya, Assistant Government Advocate for the State. Supplementary affidavit has been filed pursuant to the order dated 09th July, 2008. A reading of the supplementary affidavit alongwith its annexure clearly shows that the sample allegedly sent to the Laboratory at Dehradun was not with the prior permission or approval of the learned Sessions Judge because alongwith the supplementary affidavit no copy of any order passed by the learned Sessions Judge has been enclosed. Actually at page-14 of the supplementary affidavit is Annexure-S.C.A.4 which is the copy of the entry of the case diary. This document also does not at all reveal that the Sessions Judge had granted any prayer or request of the prosecution and had passed any order permitting or sending the second sample of the contraband to F.S.L. Dehradun. Under the circumstances, therefore, I am left with no option but to grant bail to the petitioner because this does appear to be a case where the second report of the contraband being positive is doubtful and the first report had declared the contraband to be negative. The petition is allowed. The petitioner is directed to be released on bail on his executing a bail bond with two sureties in the like amount to the satisfaction of Sessions Judge, Udham Singh Nagar. (V.K. Gupta, C.J.) 28.07.08 JPT