- (1.) Applicant prays for bail in Case Crime No.120 of 2012 under Section 8/21 Narcotic Drugs & Psychotropic Substances Act, Police Station Jaidpur, District Barabanki.
(2.) For brevity sake, order dated 16.10.2012, is extracted here below :- "Applicant prays for bail in Case Crime No.120 of 2012 under Sections 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'N.D.P.S. Act'), Police Station Jaidpur, District Barabanki. Learned counsel appearing for the applicant contends that allegedly, 260 Grams of morphine has been recovered from the applicant which would constitute non-commercial quantity. Recital in the F.I.R. indicates that approximately 260 Grams of morphine was recovered from the applicant. The F.I.R./recovery memo does not indicate that a weighing scale was used for weighment of the substance. Morphine above 250 Grams would constitute commercial quantity as per table provided under Section 2 of the N.D.P.S. Act. The quantum of sentence varies to a large extent under Section 21(a) of the N.D.P.S. Act where small quantity is involved; under Section 21(b) where quantity recovered is less than commercial but greater than small quantity; and under Section 21(c) where quantity involved is commercial. The Court has to perceive the gravity of offence in context of the sentence to be awarded. The Director General of Police, Uttar Pradesh is directed to consider as to under what circumstances the investigating officers/raiding parties working in various police stations are not using weighment scale and recording that weighment scale was used at the time of recovery of substance under N.D.P.S. Act. Merely saying that substance was of "approximately 260 Grams" would be not a clear indicator to the Court to consider the quantity of the substance to be commercial. Let reply be filed in the above context by Director General of Police, Uttar Pradesh on or before 20.11.2012, as to under what circumstances in a large number of cases weighing scales are not used while weighing narcotic drugs or psychotropic substance. The D.G.P. shall also indicate the remedial measures adopted in this regard. Administration of criminal justice is being seriously and adversely affected in cases under the N.D.P.S. Act, particularly in a State like Uttar Pradesh where it has border with Nepal, Bihar, Rajasthan and Haryana and Madhya Pradesh. Benefit of such ambiguity and improper investigation is given to the accused who gets away with acquittal or lesser sentence, though he might have committed a serious offence. It results in failure of justice. Let copy of this order be transmitted to Director General of Police, Uttar Pradesh through Ms. Suniti Sachan, learned Government Advocate."
(3.) An affidavit has been filed by Shri Ambrish Chandra Sharma, Director General of Police, U.P. It has been stated in the affidavit that two circulars have been issued for improving the quality of investigation so as to avoid ambiguity such as left in the present case. Circular dated 15.5.2012 and Circular dated 9.11.2012 have been appended with the affidavit as Annexure Nos.SA-1 and SA-2.;