NDPS case -- New ground for filing the petition is FSL report – Submission that sample was received after a delay of 06 days from passing of order by the JMIC and for the said period, it remained in the custody of I.O and there is no explanation in this regard -- In the FSL report, no batch number of the strips were mentioned though it is specifically mentioned in the order of JMIC and in Form 29-B – Petitioner is in judicial custody for the last 01 year, 01 month and 21 days and charged were framed on 30.01.2020 and till date, out of total 13 prosecution witnesses, none has been examined -- Petitioner is involved in one more case under the NDPS Act of non-commercial quantity and the petitioner is on bail -- Considering the long custody of the petitioner as well as the submissions made, petition allowed.
(P&H HC) Decided on: 17.08.2020