I.S. Israni, J. - (1.) HEARD both the parties.
(2.) THIS is application under Section 439 Cr.P.C. in which the petitioner is alleged to have committed offence under Section 20 of the NDPS Act. It is pointed out by Shri Kasliwal learned Counsel for the petitioner that the incident took place on 31 -1 -1989 when it is alleged that the petitioner was found to be in possession of 15 grams Smack and was arrested. It is contended that the first bail application of the petitioner was rejected on 25 -5 -1989. It is submitted by the learned Counsel that the quantity of smack is only 15 grams and the report of the Chemical Examiner has not yet come even though more than six months have passed away. The learned Counsel has given his own version of the incident.
(3.) IT is pointed out by Shri Sharma, learned Public Prosecutor that the material has been sent for chemical examination to Laboratory at Calcutta. and the report has not yet been received even though time was granted from this Court for this purpose.;