IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34659 of 2008 WAKIL DAS Versus STATE OF BIHAR ----------- 2. 10.9.2008 Heard. The petitioner seeks bail in a case under section 22 of the N.D.P.S. Act relating to recovery of 5 kg. ganja. The contention is that the police officer making recovery has not properly sampled the seized article nor has forwarded it for chemical analysis. The next contention was that the seizure list witnesses were his villagers and there might be some element of dispute, differences and animosity for implicating the petitioner. Learned counsel for the petitioner was very fair and honest in submitting that he could not have any record or any authentic document indicating animosity between the petitioner and the witnesses. As regards the delay and not sampling of the contraband article those could be aspects of the case to be considered by the trial court. There are three ingredients for granting or refusing prayer for bail and those could be (1) giving notice to the Public Prosecutor (2) existence of a reasonable ground for believing that the accused appears not committing the offence (3) on being admitted to bail the accused shall not indulge in similar offence. One could be sure about the condition of giving notice to the Public Prosecutor but one could never be sure about the remaining two conditions. The petition is dismissed. sudip ( Dharnidhar Jha,J )