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AI Drafter - (New and Powerful) ✕ Generate professional replies, appeals, opinions to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.
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Issues: Whether bail granted under Section 167(2) of the Cr.P.C. could be interfered with in a narcotics case when the chemical examination and quantitative analysis report was not produced within the prescribed period and the prosecution had not established whether the seized substance was commercial quantity.
Analysis: The Court noted that the quantity and nature of the seized substance could be ascertained only through chemical examination and quantitative analysis. Since the report had not been produced when bail was granted, the Sessions Judge had no material to determine whether the case attracted the lesser or more stringent punishment regime under the NDPS Act. The delay in completing the examination and placing the result before the court was attributable to the prosecution, and the lapse had resulted in the accused obtaining the benefit of statutory default bail.
Conclusion: The bail order did not call for interference and the request for cancellation of bail was rejected.
Final Conclusion: The prosecution's failure to complete the necessary analysis and place the material before the court within time justified the grant of default bail, and the cancellation petition failed.
Ratio Decidendi: Where the prosecution has not produced the chemical and quantitative analysis necessary to establish the relevant narcotic quantity within the prescribed time, the accused is entitled to default bail and such order will not be interfered with merely because the prosecution later asserts commercial quantity.
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