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TMI Blog2017 (5) TMI 243X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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. X X X X Extracts X X X X X X X X Extracts X X X X ..... demonstrating that even if it is assumed that the substances seized from the person of the petitioner were narcotic drugs and psychotropic substances, it would be necessary for the prosecution to demonstrate in the first instance that it was a quantity which could be considered as commercial quantity and which could attract a stringent punishment and that the substances seized were indeed narcotic drugs and psychotropic substances which could be classified as any of the items falling under the Notification appended to the Narcotic Drugs and Psychotropic Substances Act, 1985 (Hereinafter ref erred to as the 'NDPS Act', for brevity). In this regard, he would now furnish a copy of the report of the test carried out on the samples that were se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... secution is produced and it is evident that no quantitative test has been carried out. In this regard, the learned Counsel would draw attention to the Central Rules and Notifications, published by the Customs and Central Excise Department, New Delhi, particularly, with reference to Standing Instruction No.1188 with regard to drawal, storage, testing and disposal of samples from seized narcotic drugs and psychotropic substances and the procedure prescribe d therein. It is contended that Standing Instruction No. 1.18 relates to expeditious analysis of narcotic drugs and psychotropic substances and the same reads as follows:- "1.18. Expeditious analysis of narcotic drugs and psychotropic substances is of essence to all proceedings under N.D.P ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the test result in original or duplicate or both test memos are received the same will be filed in the Court, trying the case, along with chargesheet/complaint by the Investigating officer. He will keep an attested copy of the same in his case file." Therefore, even according to the procedure prescribed by the department, the Quantitative Test Report ought to have been filed in the court along with the charge sheet, which is significantly absent. In the face of which, it would hardly be possible for the prosecution to establish that the material seized is indeed narcotic drug and it is of a quantity which would either come under small quantity or under the commercial quantity, in order to enable the court either to convict or to acquit d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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