- (1.) The Petitioner, being arrested in connection with Damjur Police Station Case No.481 of 2015 dated 16.05.2015 under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985, has filed this application for bail. Mr. Bhattacherjee the learned Counsel for the Petitioner points out that two sample packets of hundred grams each were taken from the ganja seized and were sent for testing to the State Drugs Control & Research Laboratory. The certificate of analysis is produced before us which indicates that the gross weight of the samples received was 63 grams in one packet and 70 grams in another packet. There is thus a huge difference in the quantity sent for analysis and that received by the Laboratory.
(2.) The learned Counsel for the State tried to explain the difference by submitting that it was because of the atmospheric condition that the weight in the laboratory reduced to the levels shown in the certificate. We are not satisfied with his explanation. Bail Learned Counsel for the State also submits that it is possible that the weighing scales being used when the seized material was weighed may be defective. The weight of the ganja seized thus appears to be questionable in view of the difference in the weight of the sample packets sent to the laboratory for testing. Therefore, the restrictions imposed under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 will not be applicable in this case. Hence the prayer of the Petitioner is allowed, especially since the charge -sheet has been submitted. Accordingly, the Petitioner, Sanju Das @ Sunju Das be enlarged on bail upon furnishing a bond of Rs.10,000/ - (Rupees Ten Thousand) with two sureties of Rs.5,000/ - each, one of whom must be a local surety, to the satisfaction of the learned Judge, Special Court under the NDPS Act, Howrah, subject to the condition that on being released on bail he shall attend each date of hearing before the Trial Court. In the event he does not attend the Court on any date of hearing for unjustifiable reasons, his bail will stand cancelled automatically without any further reference to this Court.
(3.) The application for bail is, thus, disposed of.;