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2017 (5) TMI 243 - HC - Indian LawsBail application - offence under NDPS Act - Held that:- From a plain examination of the record, it is indeed found that apart from the qualitative test which is again inconclusive as to the entire samples being of narcotic drugs or psychotropic substances and it is found to be adulterated with Paracetamol, the question arises as to what is the quantity of the drug that was allegedly seized and when there is no quantitative report on record, it would be a lacuna that would go to the root of the matter. This aspect of the matter is to be kept in view by the courts below trying cases under the NDPS Act, which shall ensure that the Standing Instructions as regards the procedure to be followed in expeditious test being conducted, maintenance of test reports and filing of such reports along with the charge sheet, are complied with, in order to carry the case forward without the same being an empty exercise of ultimate acquittal of the accused. Therefore, in the present case on hand, the petitioner has made out a case for enlargement of bail in the face of the lacuna that is pointed out. The petitioner shall be enlarged on bail on his executing a self bond in a sum of ₹ 1, 00,000/- with a surety for a likesum.
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