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TMI Blog2023 (4) TMI 1361X X X X Extracts X X X X X X X X Extracts X X X X ..... t this stage cannot be insisted upon. The applicant has no other criminal antecedents. However, the applicant needs to satisfy the triple test viz. flight risk; influencing any witness and tampering with evidence. In my view, the same can be taken care of by imposing stringent bail conditions upon the applicant. The applicant has been in custody since 07.06.2021 which is about 1 year and 10 months. Charge-sheet has been filed in the present case and charges have also been framed and the custodial interrogation of the applicant is not required. The trial is also not likely to conclude in near future and the continued incarceration of the applicant will not serve any purpose. Since the applicant is an under trial prisoner and has already unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deposited with the malkhana and were thereafter sent to FSL. As per the examination report received from the FSL, the weight of Ex. A-1 was found approximately 134.8 grams in place of 100 grams and the weight of Ex B-1 was found to be 83.6 grams in place of 100 grams. He states that the said discrepancy in the weight of samples erodes the credibility of the sampling process as well as the version of the prosecution and entitles the applicant to bail. 5. He has drawn my attention to the judgment of Sanjay Prasad v. State (Govt. of NCT) of Delhi in CRL. APPEAL No. 1074/2013 dated 08.12.2015 wherein the court observed as under: 12 In the judgment of the Apex Court while considering similar proposition on the discrepancy i.e. in the weight of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the accused was alleged to have been made. 100 gms from the shoe for right foot and 115 gms from the left foot. These two quantities were placed in two envelopes A and B and were sent to the Junior Scientific Officer who was examined in that case as PW1. The envelopes were sealed and sent to the said Junior Scientific Officer who indicated that the seals were intact. However, on opening by the Junior Scientific Officer, the two envelopes, A and B were found to contain 98.16 and 82.54 gms of charas as distinct from the 100 gms and 115 (respectively) said to have been recovered from the accused. Insofar as the discrepancy between 100 gms and 98.16 is concerned, the Supreme Court found that the discrepancy was minor but, with regard to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rightly emphasized, the question was not how much was seized, but whether there was an actual seizure, and whether what was seized was really sent for chemical analysis to PW-1. The prosecution has not been able to explain this discrepancy and, therefore, it renders the case of the prosecution doubtful. 7. Mr Singh, learned APP states that the learned Sessions Court has written to the FSL asking for an explanation for the discrepancy in the two samples. The report is yet to be received. 8. The judgment of Mohd. Ramzan (supra) is squarely applicable to the facts of the present case. The Coordinate Bench in Mohd. Ramzan (supra) has relied upon the judgment of the Hon ble Supreme Court in Rajesh Jagdamba Avasthi v. State of Goa reported in 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , I am inclined to allow the application. 12. For the aforesaid reasons, the applicant is directed to be released on bail in FIR No. 152/2021 dated 07.06.2021, under Sections 20/29 NDPS Act, registered at Police Station-Gulabi Bagh, subject to the following conditions: (a) The applicant shall furnish a personal bond in the sum of Rs. 10,000/- (Rupees Ten Thousand Only) each with 01 surety in the like amount, to the satisfaction of the Trial Court; (b) The applicant shall not leave the country and if the applicant has a passport, he shall surrender the same before the Trial Court; (c) The applicant shall appear before the trial Court on every date of hearing; (d) The applicant shall furnish to the IO/SHO concerned his cellphone number on whi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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