AB 236/2010 BEFORE THE HON’BLE MR JUSTICE K. MERUNO Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. A. Ma tin, learned counsel appearing for the petitioner. Also heard Mr. B.S. Sinha, le arned Addl. P.P. for the State. As directed on 6.12.2010 the learned P.P. has produced the C.D. and also the tes t report from the Oil India Corporation Limited, Bongaigaon Refinery, Dhaligaon, Assam. I have perused the Test Report. In the Test Report the following observ ations has been made: (1) From Appearance and Colour, the product seems to be MS. (2) Tested key Parameters do not meet MS Specification. (3) Tested parameters indicate the product to b Naphtha sample. In the FIR it has been stated that the Truck bearing Registration No. AS-25-A-45 82 standing on the road was brought by its driver from somewhere and it was ille gally loaded with stolen Petroleum type substance. However, the test report from the refinery does not testify the allegations stated in the FIR. Considering all aspect of the matter the interim bail granted by this Co urt on 6.12.2010 to the petitioner is made absolute on the same terms and condit ions.