IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18883 of 2008 RAJU KUMAR Versus THE STATE OF BIHAR - - - - 3. 1.7.2008 Heard. The total recovery is 51 grams of brown sugar. The contention is many fold. That it is at all not certain that the recovered good really was brown sugar as the report of Forensic Science Laboratory is still to come. The second argument was that it was recovered from two different places from the house which was in joint possession of many persons. The third contention is that the chargesheet was submitted only to deny the benefit to the petitioner as approved under Section 36(a) of the Narcotic Drugs and Psychotropic Substances Act read with Section 167(2) of the Cr. P.C. The provision of bail as contained in Section 37 of the N.D.P.S.Act is so stringent as not to allow bail to an accused unless there are reasonable grounds to believe that the accused might not have committed any offence and secondly on being released he may not indulge in yet another offence. At this stage it is difficult to record either of 2 the findings, considering which the petition is dismissed. However, if it is found that the recovered good was not brown sugar, the petitioner will have liberty to come for fresh order. Let this order be communicated to the learned Special Judge, i.e., 6th Additional Sessions Judge, Patna, so as to taking steps for obtaining report of the Forensic Science Laboratory. Kanth ( Dharnidhar Jha, J.)