IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14168 of 2009 BIJENDRA PANDIT Versus THE STATE OF BIHAR ----------- 3/ 30.07.2010 This case has been listed at the instance of Court. It would appear from letter dated 5th June, 2010 of the trial court, namely, 1st Additional Sessions Judge, Saran at Chapra in N.D.P.S. case no. 01 of 2009, arising out of Nagar Sadar (Chapra Town) P.S. case no. 5 of 2009 that two contradictory reports, in respect of the seized Brown Sugar, were received from Forensic Science Laboratory, Patna. The first is dated 15.06.2009 bearing F.S.L. No. 255 of 2009 signed by Director in-charge, Shri U.K. Sinha and the second is bearing F.S.L. No. 225 of 2009 dated 25.05.2009 signed by Suresh Paswan, Technical Officer, F.S.L. and counter signed by Shiv Lakhan Singh, Director In-charge, F.S.L., Patna. In order to ascertain the genuineness of the same, the Director in-charge, Shri S.B. Upadhaya was examined by the trial court. According to him, F.S.L. report no. 255 dated 15.06.2009 is not genuine whereas F.S.L. No. 225 dated 25.05.2009 is genuine. While bail application (Cr. Misc. No. 14168 of 2009) of Bijendra Pandit was considered on 18.06.2009, a copy of Chemical report bearing no. 255 of 2009 dated 15.06.2009 addressed to Special Judge – cum- Sessions Judge, Chapra was brought on record stating therein, that no trace of brown sugar or any psychotropic substance was detected. The report is annexed as Annexure-5. Thus, it was directed that if report as annexed in Annexure-5 is received by trial court, the petitioner would be released on bail to the satisfaction - 2 - of the court concerned. Now, it has transpired that the report bearing serial no. 255 dated 15.06.2009 is not genuine rather report bearing no. 225 dated 25.05.2009 is genuine and according to the report bearing no. 225 dated 25.05.2009, the seized article was found to be brown sugar. Thus, it appears that petitioner secured order relating to his release on the basis of fake F.S.L. report. In the circumstance, the bail granted to the petitioner by the trial court, namely, 1st Additional Sessions Judge, Saran at Chapra is cancelled. The petitioner is directed to surrender in the court below without any delay. The trial court would take steps to ensure the compliance of this order. Uday/ (Samarendra Pratap Singh, J.)