IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42373 of 2009 MD.ISRAIL, S/o Md. Riyasuddin @ Master Alam. Versus THE STATE OF BIHAR with Cr.Misc. No.4977 of 2010 DILOWATI DEVI, W/o Ramkhelawan Yadav. Versus THE STATE OF BIHAR ----------- 07. 21.05.2010 Heard learned counsel for the petitioners, State and the Union of India. The petitioners seek bail in a case instituted for the offences under Sections 17, 18, 21, 22, 23 and 24 of the N.D.P.S. Act. The informant on a secret information that some persons were indulging in sale and purchase of narcotic substance detained two persons namely Dilowati Devi and one Tej Narayan Yadav and from the possession of Dilowati Devi allegedly one pound of brown sugar was recovered. While the chase was on the petitioner Md. Israil was seen to be following the said Dilowati Devi but on seeing the police he tried to flee away but apprehended after chase. The submission of the counsel is that there has been no recovery from the possession of petitioner, Md. Israil and whereas the article which was recovered from the possession of Dilowati Devi when tested did not show any narcotic substance. 2 In the case of Md. Israil, by an order dated 15.12.2009 the FSL Report was called for along with the case diary. On 22.02.2010 a communication was received by this Court that the sealed samples sent for testing was not proper and therefore a fresh sample was called for from the Special Judge concerned. Now the FSL Report has been sent by the Director opining that no heroin was detected in the recovered articles. This Court on an earlier occasion had detected that two contradictory reports had been sent from the FSL with regard to narcotic substance and therefore the report is not reliable. In view of such, the application of Dilowati Devi is rejected for this reason. With regard to petitioner Md. Israil since his activities were found to be suspicious during the occurrence, I am not inclined to grant bail to the petitioner, Md. Israil also. The prayer for bail is rejected. Vikash/- (Anjana Prakash, J.)