# Praveen Pal v. State of U.P

- **Citation:** (2022) 6 ILRA 1035
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2022-04-29
- **Case number:** Criminal Misc. 2nd Bail Application No. 33746 of 2020
- **Bench:** Samit Gopal
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/praveen-pal-v-state-of-u-p-48625
- **Pages:** 8

## Headnote

G.A., Sri Satish Kumar Singh

The examination of material either by the
Forensic Analyst or Chemical Analyst is an
integral part of investigation which may provide
a link regarding the cause of death or give a
lead in the matter. The same is very relevant for
the proper investigation and even for the courts
judging the case in the trial. The chargesheets
are submitted without the reports of the
Forensic
Lab
or
Chemical
Analyst,
the
investigation cannot be said to be completed
without the report (s) of the experts to whom
materials 5 are sent for their opinion. As the
prosecution relies on the said part of evidence
also, it cannot be said that the investigation has
concluded in spite of the reports not being
received. A tendency has developed of filing of
the said reports of the experts through a
supplementary charge sheet at a much much
later stage. In the meantime the accused suffers
the rigorous of jail and explores the remedy
available to him for bail and even as per the
facts of the present case all the witnesses have
been examined in the trial but the said report is
still awaited in spite of a letter and it's reminder
by the concerned trial court to a responsible
officer of the laboratory for sending a report by
examining the contents out of turn. This system
cannot be given a knot. It has to be deprecated.
This Court apart from its inherent power has
power of superintendence also. It cannot shut
its eye to grave irregularities, when they are
brought to its notice or even comes to its
knowledge.

Application dismissed. (E-12)

## Text

6 All. Praveen Pal Vs. State of U.P.
1035
to secure his presence proclamation under
Section 82 Cr.P.C., may be issued and if
applicant fails to appear before the Court
on the date fixed in such proclamation,
then,
the
Trial
Court
shall
initiate
proceedings against him, in accordance
with law, under Section 174-A IPC.

(v) The applicant shall remain
present, in person, before the Trial Court on
dates fixed for (1) opening of the case, (2)
framing of charge and (3) recording of
statement under Section 313 Cr.P.C. If in
the opinion of the Trial Court absence of
the applicant is deliberate or without
sufficient cause, then it shall be open for
the Trial Court to treat such default as
abuse of liberty of bail and proceed against
him in accordance with law.

In case of breach of any of the
above conditions, it shall be a ground for
cancellation of bail.

It is made clear that observations
made in granting bail to the applicant shall
not in any way affect the learned trial Judge
in forming his independent opinion based
on the testimony of the witnesses.
----------
(2022)06ILR A1035
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 29.04.2022

BEFORE

THE HON'BLE SAMIT GOPAL, J.

Criminal Misc. 2nd Bail Application No. 33746 of
2020

Praveen Pal ...Applicant
Versus
State of U.P. ...Opposite Party

Counsel for the Applicant:
Sri Ravi Kumar Singh, Sri Mohit Singh, Sri
V.P. Srivastava (Senior Adv.)

Counsel for the Opposite Party:
G.A., Sri Satish Kumar Singh

The examination of material either by the
Forensic Analyst or Chemical Analyst is an
integral part of investigation which may provide
a link regarding the cause of death or give a
lead in the matter. The same is very relevant for
the proper investigation and even for the courts
judging the case in the trial. The chargesheets
are submitted without the reports of the
Forensic
Lab
or
Chemical
Analyst,
the
investigation cannot be said to be completed
without the report (s) of the experts to whom
materials 5 are sent for their opinion. As the
prosecution relies on the said part of evidence
also, it cannot be said that the investigation has
concluded in spite of the reports not being
received. A tendency has developed of filing of
the said reports of the experts through a
supplementary charge sheet at a much much
later stage. In the meantime the accused suffers
the rigorous of jail and explores the remedy
available to him for bail and even as per the
facts of the present case all the witnesses have
been examined in the trial but the said report is
still awaited in spite of a letter and it's reminder
by the concerned trial court to a responsible
officer of the laboratory for sending a report by
examining the contents out of turn. This system
cannot be given a knot. It has to be deprecated.
This Court apart from its inherent power has
power of superintendence also. It cannot shut
its eye to grave irregularities, when they are
brought to its notice or even comes to its
knowledge.

Application dismissed. (E-12)
(Delivered by Hon'ble Samit Gopal, J.)

1. Heard Sri Ravi Kumar Singh,
learned counsel for the applicant and Sri
Sanjay Kumar Singh, learned counsel for
the State and perused the records.

2. Personal affidavit of Sri Ashok
Kumar, Deputy Director, Forensic Science
1036 INDIAN LAW REPORTS ALLAHABAD SERIES
Laboratory, U.P., Agra has been filed today
which is taken on record. He is present in
Court in compliance of the order dated
6.4.2022 of this Court.

3. Personal affidavit of Sri Badugu
Deva
Paulson,
Secretary
(Home),
Government of U.P., Lucknow has also
been filed today which is taken on record.

4. Personal affidavit of Sri Mukul
Goel, Director General of Police, U.P.,
Lucknow has also been filed today which is
taken on record.

5. Learned counsel for the applicant
states that the present bail application has
rendered infructuous as the trial has
concluded and the applicant has been
convicted, as such the same may be
dismissed as not pressed.

6. Although a prayer has been made
to dismiss the bail application as not
pressed but since compliance affidavits
have been filed by the concerned officials
as stated above in compliance of the order
dated 6.4.2022 of this Court, it would be
necessary to refer to them as the said matter
is in the larger interest of justice before
closing the issue.

7. On 6.4.2022, following order was
passed by this Court:-

"Heard Sri Ravi Kumar Singh,
learned counsel for the applicant and Sri
Sanjay Kumar Singh, learned counsel for
the State.

This
is
the
second
bail
application on behalf of the applicant. The
first bail application of the applicant was
rejected by this Court vide order dated
6.2.2020 passed in Criminal Misc. Bail
Application No.4779 of 2020. While
rejecting the said bail application, this
Court had expedited the trial and directed
to conclude the same as expeditiously as
possible, preferably within six months from
the date of production of certified copy of
the same. The said order was filed before
the trial court on 3.3.2020.

Learned counsel for the applicant
argued that the applicant is in jail since
23.04.2018 and the trial has not concluded.
This Court vide order dated 27.10.2021
directed the District Judge, Meerut to send
the report regarding the stage of trial and
compliance of the order dated 06.02.2020
passed by this Court. The order passed on
27.10.2021 is quoted here-in-below:-

"Heard Sri Ravi Kumar Singh,
learned counsel for the applicant and Sri
Akhilesh Kumar Tripathi, learned counsel
for the State.

This
is
the
second
bail
application on behalf of the applicant. The
first bail application of the applicant was
rejected by this Court vide order dated
6.2.2020 passed in Criminal Misc. Bail
Application No.4779 of 2020.

Learned counsel for the applicant
argued that the order rejecting the first bail
of the applicant was filed before the trial
court on 3.3.2020 and even then the trial is
pending and has not yet concluded. He has
placed the certified copy of the order sheet
which is annexed as annexure no.23 to the
affidavit filed in support of bail application.
The applicant is in jail since 23.04.2018.

Looking to the arguments of the
learned counsel for the applicant, let a
report from the District Judge, Meerut be
called within three weeks from today
6 All. Praveen Pal Vs. State of U.P.
1037
regarding the stage of trial and compliance
of the order dated 06.02.2020 passed by
this Court.

The office to communicate this
order to the concerned District Judge
within a week from today.

Let the matter be listed in the
week commencing 22.11.2021 along with
report received from the District Judge,
Meerut."

The report of the In-Charge
Additional Sessions Judge/Special Judge,
Special
Court
No.2
(Prevention
of
Corruption Act), Meerut dated 17.11.2021
is on record.

A perusal of the said report
shows that the statement of P.W.1 Phool
Chand Singh was recorded on 4.9.2019,
statement of P.W.2 Umesh Chand was
recorded on 15.11.2019, statement of
P.W.3 and 4 Monu and Devendra Saini was
recorded on 18.2.2020. Subsequently the
certified copy of the order dated 6.2.2020
was filed before the trial court on 5.3.2020,
after it, statement of P.W.5 S.I. Ajay Kumar
was recorded on 18.3.2020, statement of
P.W.6 Dr. Vinod Kumar Singh was
recorded on 16.10.2020 and 8.1.2021,
statement of P.W.7 Constable Clerk Rambir
Singh
was
recorded
on
4.11.2020,
statement of P.W.8 Dr. Shashank Mishra
was recorded on 21.12.2020 and statement
of P.W.9 S.I. Sunir Kumar was recorded on
10.8.2021. The report of the Forensic Lab
with regards to the examination of the
alleged weapon of assault has not reached
the Court and as such the same was
summoned. The trial court sent a letter
dated
7.9.2021
and
subsequently
a
reminder dated 11.11.2021 to the Forensic
Science Laboratory, Agra for summoning
the said report and even stating to the Joint
Director that if the said item has not
reached it's number, it should be examined
on
priority
and
a
report
be
sent
immediately. The report of the concerned
trial Judge states that except for the report
of the Forensic Lab, trial is almost
complete.

This situation is alarming.

The investigation concluded and
charge sheet was submitted which appears
to have been submitted without the report
of the Forensic Lab. The charges were
framed and the evidence of all the
witnesses have been examined as is evident
from the report dated 17.11.2021 of the
Trial Judge sent by the In-Charge District
Judge with his letter dated 17.11.2021. The
delayed examination of material in the
Forensic Lab appears to be a routine now.
In spite of the order of this Court and also
various orders of other Courts, the system
has not improved and it appears that the
same have no effect and there is no anxiety
by anyone to improve the system. The
present case is glaring example of it. The
applicant is in jail since 23.04.2018. The
only impediment in conclusion of trial as of
now is non-receipt of the report of the
Forensic Lab. The letter and it's reminder
by the trial court to the Joint Director,
Forensic Laboratory, Agra also appear to
have been kept pending in a routine
manner without any action on it. Even the
minimum courtesy of reciprocating the said
letter and its reminder was not resorted to
by
the
concerned
officer.
An
order/direction/request from a court is
expected to be honoured.

This Court in Crl. Misc. Bail
Application No.14403 of 2021 "Tahir Khan
Vs. State of U.P." vide order dated
1038 INDIAN LAW REPORTS ALLAHABAD SERIES
11.11.2021 wherein viscera was preserved
and the report was not made available had
shown
it's
displeasure
in
delayed
examination of the same by the Forensic
Lab and had directed the Director General
of Police, U.P., Lucknow and the Secretary,
Homes, Government of U.P., Lucknow to
take up the issue at their end for it's
expeditious
examination
to
help
the
Investigating Agencies so that the same
would not be an impediment before the
courts in deciding matters. It appears that
in spite of the said order no system has
been evolved and the matter is not being
looked
seriously
by
the
concerned
authorities. It is reiterated that the
examination of material either by the
Forensic Analyst or Chemical Analyst is an
integral part of investigation which may
provide a link regarding the cause of death
or give a lead in the matter. The same is
very relevant for the proper investigation
and even for the courts judging the case in
the trial. The charge-sheets are submitted
without the reports of the Forensic Lab or
Chemical Analyst, the investigation cannot
be said to be completed without the report
(s) of the experts to whom materials are
sent for their opinion. As the prosecution
relies on the said part of evidence also, it
cannot be said that the investigation has
concluded in spite of the reports not being
received. A tendency has developed of
filing of the said reports of the experts
through a supplementary charge sheet at a
much much later stage. In the meantime the
accused suffers the rigorous of jail and
explores the remedy available to him for
bail and even as per the facts of the present
case all the witnesses have been examined
in the trial but the said report is still
awaited in spite of a letter and it's reminder
by the concerned trial court to a
responsible officer of the laboratory for
sending a report by examining the contents
out of turn. This system cannot be given a
knot. It has to be deprecated.

This Court apart from its inherent
power has power of superintendence also.
It
cannot
shut
its
eye
to
grave
irregularities, when they are brought to its
notice or even comes to its knowledge.

Looking to the facts of the matter
as stated above, let personal affidavits be
filed by the Director General of Police,
U.P., Lucknow and the Secretary, Home,
Government of U.P., Lucknow informing
the Court as to what steps are being taken
by them for expeditious examination of
materials sent to the experts for analysis.
The said affidavit be filed within three
weeks from today.

The Director, Forensic Science
Laboratory, Agra is directed to appear
before this Court on the next date and
explain as to why the letter dated 7.9.2021
and its reminder dated 11.11.2021 sent by
the trial court has not been acted upon.

The Registrar General, High
Court shall communicate this order to the
concerned
officers
forthwith.
Learned
A.G.A. for the State shall also communicate
it them for immediate compliance."

8. In response to the same, the
affidavit of Deputy Director, Forensic
Science Laboratory, U.P., Agra states that
the examination report dated 03.03.2021
was sent to the Senior Superintendent of
Police, Meerut by speed post on 3.3.2021
itself. Thereafter a reminder was sent for
the same by the Circle Officer, Daurala,
Meerut on 24.9.2021 through special
messenger asking for the report to whom it
was communicated that the said report
6 All. Praveen Pal Vs. State of U.P.
1039
dated 3.3.2021 has already been sent by
post. Still in response to the said reminder,
a second copy of the said report was sent
on 24.12.2021 by Special Messenger
Constable 1599 Shiv Pratap of Police
Station Kankarkhera, District Meerut. The
Station House Officer of Police Station
Kankarkhera, District Meerut informed the
Senior Superintendent of Police, Meerut
that the report in question had been
submitted in the Court of Additional
Sessions Judge/Special Judge, District
Meerut on 24.12.2021 and the evidence has
completed and the matter has been fixed for
20.4.2022 for delivery of judgement. The
judgement
has
been
delivered
on
20.04.2022
convicting
the
accused
appellant Praveen Pal.

9. .2022 stating about the steps being
taken for expediting the examination of
samples of the Forensic Science Laboratory
so that the investigating agencies would be
expediting the cases and also in order to
remove the impediment caused by delay in
deciding the cases before the courts. The
steps which are being taken have been
stated in para nos.6 to 14 of the said
affidavit,
the
same
are
reproduced
hereunder:-

"6. That with regard to the issue
pertaining to the examination of samples by
the Forensic Science Laboratories, so that
the investigating agencies would be held in
expediting cases and in expediting the
cases and in order to remove the
impediment caused by delay in deciding the
cases before the courts, the steps taken are
stated hereunder:-

7. That it is most humbly
submitted that at present, the examination
of samples is being conducted at the
Forensic Science Laboratories situated at
Lucknow, Agra, Varanasi, Moradabad,
Ghaziabad,
Prayagraj,
Jhansi
and
Gorakhpur.

8. That a decision had earlier
been taken by the State Government to
establish Forensic Science Laboratory for
all the 18 Ranges. At present, the Forensic
Science Laboratories at Lucknow, Agra,
Varanasi,
Moradabad,
Ghaziabad,
Prayagraj, Jhansi and Gorakhpur have
been
established
and
are
functional
annexure no.1 to this affidavit.

9. That the construction of the
buildings
for
the
Forensic
Science
Laboratories is in progress at Kannauj,
Aligarh, Gonda and Bareilly. The process
for establishment of Forensic Science
Laboratory at Basti, Mirzapur, Azamgarh,
Banda, Ayodhya and Saharanpur is ongoin.
For kind and convenient referral and
perusal by this Hon'ble Court, a chart
reflecting the status for establishment of
Forensic Science Laboratories Pan State is
being enclosed herewith and marked as
annexure no.2 to this affidavit.

10. That, out of 64 posts of
Scientific Officers (direct recruitment), 22
Scientific
Officers
have
been
issued
appointment letters. The recruitment to the
remaining posts is under process. Out of
117 Scientific Assistants who have been
selected by the Uttar Pradesh Subordinate
Services
Selection
Commission,
appointment letters to 72 of them have been
issued on 13.04.2022, appointment letters
to remaining successful candidates will be
issued after their medical examination and
character verification reports are received.

11. That by office memo dated
15.11.2021, the State Government has
granted approval for the Forensic Science
1040 INDIAN LAW REPORTS ALLAHABAD SERIES
Laboratory Technical Officer Service Rules
(First mendment) and remaining vacant
posts shall be duly filled expeditiously
thereby reducing the duration of the
pendency of examination of samples, due to
the availability of more trained personnel
and necessary man power. A copy of office
memo 15.11.2021 dated issued by the
Home Police (Anubhag - 9), Government of
Uttar Pradesh, Lucknow is being enclosed
herewith and marked s annexure no.3 to
this affidavit.

12.
That
by
letters
dated
05.11.2018, 12.11.2018 and 17.11.2021
issued by the Director, Forensic Science
Laboratory, Lucknow addressed to the
incharge of all regional Forensic Science
Laboratories Pan State and have been
directed to accord top priority to the
examination of samples in the matters
related to murder and dowry death. Copies
of the letters dated 05.11.2018, 12.11.2018
and 17.11.2021 issued by the Director,
Forensic Science Laboratory, Lucknow
addressed to all the Forensic Science
Laboratories Pan State are being enclosed
herewith and marked s annexure no.4 to
this affidavit.

13. That it is most humbly
submitted that every effort is being made to
establish Forensic Science Laboratory Pan
State and to appoint the requisite number
of personnel, including scientific officers to
ensure
that
the
time
taken
in
the
examination of samples is reduced and so
that the justified concern expressed by the
Hon'ble Court in the aforesaid context is
satisfactory and duly addressed.

14. That it is humbly submitted
that the deponent is aware that the
reports of the examination of material by
the
Forensic
Analyst
or
Chemical
Analyst, and the reports submitted after
examination of a sample by the Forensic
Science Laboratory, are an integral part
of the investigation and the judicial
process, and therefore, he assures this
Hon'ble Court that deligent efforts will be
made to ensure expeditious examination
of samples and the obtaining of the
reports thereof."

10. The Director General of Police,
U.P.,
Lucknow
has
also
vide
his
identically
worded
affidavit
dated
29.04.2022 stated about the steps being
taken for expeditious disposal of samples
by the Forensic Science Laboratory for
facilitating the investigating agencies and
expediting the cases before the courts.
The same have been stated from para
nos.6 to 14 of the same which are
reproduced hereunder:-

"6. That with regard to the issue
pertaining to the examination of samples
by the Forensic Science Laboratories, so
that the investigating agencies would be
held in expediting cases and in order to
remove the impediment caused by delay
in deciding the cases before the learned
courts,
the
steps
taken are
stated
hereunder:-

7. That it is most humbly
submitted that at present, the examination
of samples is being conducted at the
Forensic Science Laboratories situated at
Lucknow, Agra, Varanasi, Moradabad,
Ghaziabad,
Prayagraj,
Jhansi
and
Gorakhpur.

8. That a decision had earlier
been taken by the State Government to
establish Forensic Science Laboratory for
all the 18 Ranges. At present, the Forensic
Science Laboratories at Lucknow, Agra,
6 All. Praveen Pal Vs. State of U.P.
1041
Varanasi,
Moradabad,
Ghaziabad,
Prayagraj, Jhansi and Gorakhpur have
been
established
and
are
functional
annexure no.1 to this affidavit.

9. That the construction of the
buildings
for
the
Forensic
Science
Laboratories is in progress at Kannauj,
Aligarh, Gonda and Bareilly. The process
for establishment of Forensic Science
Laboratory at Basti, Mirzapur, Azamgarh,
Banda, Ayodhya and Saharanpur is ongoin.
For kind and convenient referral and
perusal by this Hon'ble Court, a chart
reflecting the status for establishment of
Forensic Science Laboratories Pan State is
being enclosed herewith and marked as
annexure no.2 to this affidavit.

10. That, out of 64 posts of
Scientific Officers (direct recruitment), 22
Scientific
Officers
have
been
issued
appointment letters. The recruitment to the
remaining posts is under process. Out of
117 Scientific Assistants who have been
selected by the Uttar Pradesh Subordinate
Services
Selection
Commission,
appointment letters to 72 of them have been
issued on 13.04.2022, appointment letters
to remaining successful candidates will be
issued after their medical examination and
character verification reports are received.

11. That by office memo dated
15.11.2021, the State Government has
granted approval for the Forensic Science
Laboratory Technical Officer Service Rules
(First amendment) and remaining vacant
posts shall be duly filled expeditiously
thereby reducing the duration of the
pendency of examination of samples, due to
the availability of more trained personnel
and necessary man power. A copy of office
memo 15.11.2021 dated issued by the Home
Police (Anubhag - 9), Government of Uttar
Pradesh, Lucknow is being enclosed herewith
and marked s annexure no.3 to this affidavit.

12.
That
by
letters
dated
05.11.2018, 12.11.2018 and 17.11.2021
issued by the Director, Forensic Science
Laboratory, Lucknow addressed to the
incharge of all regional Forensic Science
Laboratories Pan State and have been
directed to accord top priority to the
examination of samples in the matters related
to murder and dowry death. Copies of the
letters dated 05.11.2018, 12.11.2018 and
17.11.2021 issued by the Director, Forensic
Science Laboratory, Lucknow addressed to
all the Forensic Science Laboratories Pan
State are being enclosed herewith and
marked s annexure no.4 to this affidavit.

13. That it is most humbly
submitted that every effort is being made to
establish Forensic Science Laboratory Pan
State and to appoint the requisite number of
personnel, including scientific officers to
ensure that the time taken in the examination
of samples is reduced and so that the justified
concern expressed by the Hon'ble Court in
the aforesaid context is satisfactory and duly
addressed.

14. That it is humbly submitted that
the deponent is aware that the reports of the
examination of material by the Forensic
Analyst or Chemical Analyst, and the reports
submitted after examination of a sample by
the Forensic Science Laboratory, are an
integral part of the investigation and the
judicial process, and therefore, he assures
this Hon'ble Court that deligent efforts will be
made to ensure expeditious examination of
samples and the obtaining of the reports
thereof."

11. In view of the affidavits of
Secretary (Home), Government of U.P.,
1042 INDIAN LAW REPORTS ALLAHABAD SERIES
Lucknow and Director General of Police,
U.P., Lucknow, it is evident that steps are
being taken for early examination of
samples
by
the
Forensic
Science
Laboratory. This Court has no reason and
occasion to doubt the same. The efforts as
enumerated in both the affidavits are
expected to be seriously and effectively
undertaken so that the samples at the
Forensic Science Laboratory are examined
in an expeditious manner. This Court hopes
and
trusts
that
the
efforts
of
the
Government in setting up additional
laboratories and making them functional
will continue in its true spirit and will yield
positive
results
enabling
expeditious
examinations of samples which would lead
to expeditious investigations and trials.
Even the steps for gearing up the
infrastructure of existing ones will also be
taken care with all efficacy and interest.

12. The Registrar General of this
Court and the learned counsel for the State
shall communicate this order to the
Secretary (Home), Government of U.P.,
Lucknow and Director General of Police,
U.P., Lucknow for necessary information
forthwith.

13. The present bail application is
thus consigned to records.
---------
(2022)06ILR A1042
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 30.05.2022

BEFORE

THE HON'BLE SANJAY KUMAR SINGH, J.

Criminal Misc. 2nd Bail Application No. 45253 of
2021

Dheeraj Kumar Shukla ...Applicant
Versus
State of U.P. ...Opposite Party

Counsel for the Applicant:
Sri Chandra Shekhar Mishra

Counsel for the Opposite Party:
G.A.

A. Criminal Law - Narcotic Drugs and
Psychotropic Substances Act, 1985 -
Section 37 --- The power to grant bail to a
person accused of having committed offence
under the NDPS Act is not only subject to the
limitations imposed under Section 439 of the
Code of Criminal Procedure, 1973, it is also
subject to the restrictions placed by sub-clause
(b) of subsection (1) of Section 37 of the NDPS
Act. Apart from giving an opportunity to the
Public Prosecutor to oppose the application for
such release, the other twin conditions viz; (i)
the satisfaction of the Court that there are
reasonable grounds for believing that the
accused is not guilty of the alleged offence; and
(ii) that he is not likely to commit any offence
while on bail, have to be satisfied. It is manifest
that the conditions are cumulative and not
alternative.
The
satisfaction
contemplated
regarding the accused being not guilty, has to
be based
on "reasonable grounds". The
expression `reasonable grounds' has not been
defined in the said Act but means something
more than prima facie grounds. It connotes
substantial probable causes for believing that
the accused is not guilty of the offence he is
charged with.

B. While considering an application for bail with
reference to Section 37 of the NDPS Act, the
Court is not called upon to record a finding of
'not guilty'. At this stage, it is neither necessary
nor
desirable
to
weigh
the
evidence
meticulously to arrive at a positive finding as to
whether or not the accused has committed
offence under the NDPS Act. What is to be seen
is whether there is reasonable ground for
believing that the accused is not guilty of the
offence(s) he is charged with and further that
he is not likely to commit an offence under the
said Act while on bail. The satisfaction of the
Court about the existence of the said twin
conditions is for a limited purpose and is
confined to the question of releasing the