Cr. A. No. 535/2008 26.12.2008 Present: Mr. P.K. Sharma, Additional A.G., for the appellant. Mr. Harish Dod, vice counsel for respondent. Cr.MP(M) No. 991/2008 For the reasons stated in the application, which make out a sufficient cause, delay in filing the appeal is condoned. Application is disposed of. Cr.MP(M) No. 992/2008 State has sought leave to appeal, against the judgment dated 30th May 2008, of the Special Judge, Una (Additional Sessions Judge, Una), whereby respondent, who was charged with the offence of possessing 250 grams of Opium, has been acquitted, on the ground that the report of the Chemical Examiner does not specify that the recovered stuff was coagulated juice of opium poppy or a mixture of coagulated juice with and without any neutral material having morphine percentage of more than 0.2%. The Chemical Examiner, vide report Ext.PW8/C, reported that the sample was tested for meconic acid and morphine. The report did not say that the sample was of coagulated juice of opium po0ppy or mixture of coagulated juice with or without any neutral material nor did the report say that the morphine content was more than 0.2%. A Division Bench of this Court in Daulat Ram v. State of H.P., 2008(2)Cr.Court Cases 151, placing reliance upon the Supreme Court judgment in Amarsingh Ramjibhai Barot v. Cr. A. No. 535/2008 State of Gujarat, 2005(4) Criminal Court Cases 599(SC), has held that where the report of the Forensic Science Laboratory does not say that the stuff was coagulated juice of opium poppy or it was a mixture with or without any neutral material of coagulated juice of poppy but simply expresses that the stuff is opium, as defined in the Narcotic Drugs and Psychotropic Substances Act, such a report is not acceptable and not binding on the Court. In view of the above stated position, we see no merit in the present petition for leave to appeal. The same is, therefore, dismissed. Cr.A. No. 535/2008 In view of refusal of leave to appeal, no order is required to be passed. Appeal is disposed of. (R.B. Misra), J. December 26, 2008(vs) (Surjit Singh), J.