IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.15248 of 2011 Binod Mandal Versus The State Of Bihar ---------------------------------- with Criminal Miscellaneous No.7250 of 2011 Rekha Devi Versus The State Of Bihar ----------- 06/ 18.11.2011 Both the above stated petitions arise out of Shikarpur P.S. case no. 302/2010 arising out of NDPS case no. 95/2010 registered under sections 18, 20, 22, 23 and 27A of the NDPS Act and accordingly, both the above stated petitions are being disposed off by this common order. Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Allegedly, petitioners were caught red handed and 2 kgs Charas each were recovered from their conscious possession. FSL report in sealed cover has been received and seal was broken in open court in presence of learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. The report of FSL reveals that in examination the seized article has been found Charas also known as Hasis. It is contended by learned counsel for the petitioners that sample from the materials seized from possession of the petitioners was not taken separately. So, FSL report creates doubts about genuiness of the prosecution case and furthermore, FSL report has lost its value because it is not clear as to from which seized materials 2 sample was taken by the Investigating officer. Taking into consideration the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioners on bail. Accordingly, their prayer for bail in Shikarpur P.S. Case no.302/2010 arising out of NDPS case no. 95/2010 pending in the court of Sessions Judge, West Champaran, Bettiah is, hereby rejected. Office is directed to seal the FSL report again and send it to concerned court immediately for needful. However, the trial court is directed to expedite the trial of the petitioners. shahid (Hemant Kumar Srivastava,J)