IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22146 of 2009 ASHIQUE ALAM, S/o late Sakid Alam, resident of village Melamath, P.S. Islampur, District U. Dinajpur (W.B) Versus STATE OF BIHAR ----------- 4. 31.8.2009 Heard counsel for the petitioner and the counsel for the State. A branded Heroin of Hongkong made roughly weighing 2 Pounds seized from the conscious possession of the petitioner, allegedly a driver of the vehicle, would not at least entitle him to be granted bail in view of the provisions made under the N.D.P.S.Act. The submission of the counsel for the petitioner that the Heroin in question till date has not been sent for chemical examination so as to confirm the content has to be only noted for its being rejected. Here is a confirmed material before the authorities on the basis of packing of the Heroin to be one of foreign origin and was sufficient to make them satisfied that the seized and recovered articles is Heroin. Of course it will be always open for the petitioner to challenge such presumption or take advantage of absence of any report of 2 the chemical examination at the stage of trial but for the purposes of bail this Court being satisfied with the nature of seriousness of allegations and that too under N.D.P.S.Act would not find him entitled to be granted bail. His prayer for bail is, therefore, rejected. Keeping in view that the petitioner is in custody for at least one year, this Court would direct the court below to ensure that the trial is taken up expeditiously for its being concluded preferably within a period of one year from the date of receipt/ production of a copy of this Court. (Mihir Kumar Jha,J.) Surendra/