IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45092 of 2009 SHEIKH SHABBIR @ SK.SABBIR Versus STATE OF BIHAR ----------- 05. 23.06.2010 Heard learned counsel for the petitioner and the State. Petitioner is languishing in jail since 27.07.2009 in connection with Ramgarhwa P.S. Case No. 81 of 2009 registered under Sections 22, 22 and 24 of the N.D.P.S. Act. It is alleged that 300gm. of smack was recovered from the possession of the petitioner. Vide order dated 07.01.2010 the F.S.L. report was called for. The report has been received by the Office in sealed cover which was opened by the learned counsel for the Union of India on the direction of the Court and the counsel for Union of India has submitted that the report suggests that the seized contraband was not Heroine. On perusal of the report the submission of the counsel for the Union of India gets confirmed. The F.S.L. report dated 28.05.2010 reads as follows: “HEROIN, a diacetlyl derivative of Morphine could not be detected in grey powdery substance contained in the polythene packet described above”. 2 Let the Xerox copy of the report be kept on record and the original report be sent to the appropriate authority immediately. In view of the fact that the seized material has not been found to be Heroine or smack and a statement has been made in paragraph 13 of the petition that petitioner has no criminal antecedent, let the petitioner namely Sheikh Shabbir @ S.K. Sabbir be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of District & Sessions Judge-cum-Special Judge, Motihari in connection with Ramgarhwa P.S. Case No. 81 of 2009(N.D.P.S. Case No. 65 of 2009). Shageer (Dinesh Kumar Singh, J.)