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1992 DIGILAW 585 (RAJ)

Meer Khan s/o Raidhan Khan v. State of Rajasthan

1992-07-20

RAJENDRA SAXENA

body1992
JUDGMENT 1. - Heard. Perused the record of the lower Court as well as the report of the F.S.L. dated 9-6-92- In the said report, the samples marked X-1 to X 12, alleged to have been the samples of heroin recovered from the possession of petitioner Meerkhan and other co-accused persons. Chemical and Micro-chemical analysis have given negative test for chief alkaloids of opium, diacetyl morphine, Amphetamine, mescaline, active chemical constitutents of cannabis, methamphemine, Methylphenidate barbiturates, cocaine and methaqualone. 2. Therefore, from the FSL report prima facie it does not appear that heroin was recovered from the possession of the petitioner. However, the samples of Charas and opium have been found positive containing Charas and Morphine respectively. It is alleged that from the possession of the petitioner 1.060 kg. of Charas and 70 gms opium were recovered. However, in this case, co-accused Mathar Khan and Matadin from whom 1.30 kg. and 500 gms Charas respectively are alleged to have been recovered have already been bailed out, in this case. The learned counsel for the petitioner has also contended that mandatory provisions of Sections 50 and 57 of the NDPE Act have also not been complied with. The petitioner is in custody since 13-10-90 and despite the order of this court dated 13-5-92, charge has still not been framed Thus, the trial of this case will take sufficient time, Therefore, keeping in view all the facts and circumstances of the case. I allow this bail petition, and order that petitioner Meerkhan be released on bail provided he executes his personal bond for an amount of Rs, 40,000/- (Rs. forty thousand) and furnishes two sound and substantial sureties in the amount of Rs. 20,000/- (Rs. twenty thousand) each to the satisfaction of learned Special Judge, NDPS Act Cases, Jodhpur for his regular appearance before him on each and every date of hearing and whenever ordered to do so during the trial of this case. The Special Judge is also directed to expedite the trial of this case.Bail granted. *******