TaxTMI 
TaxTMI 
2017 (5) TMI 243
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....opic substances, samples were drawn in small quantities namely, 5 grams, 125 gram and 415 grams of Cocaine and 5 grams and 260grams of Hashish and an other packet containing 66 grams of cocaine and sent to the Forensic Science Laboratory (FSL). It is at this stage that the bail was sought. The trial court has taken a view that in terms of the decision of the apex court in Siddharam Satlingappa Mhetre vs. State of Maharashtra and Others, 2011(1)SCC 694, where guidelines have been issued as to the parameters to be taken into consideration for grant of bail in such cases and the observation of the Supreme Court that just as the liberty is precious to an individual, society's interest in maintenance of peace, law and order is also important....
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.... presence of cocaine. Therefore, the report only was a qualitative analysis of the samples that were sent for examination. Coupled with such qualitative test, a quantitative test also requires to be conducted and the quantitative test must again indicate that the narcotic drug or psychotropic substance was of a percentage which would render the substance so seized as being of a commercial quantity. As for instance, if what is alleged to be cocaine, contained cocaine only to some percentage and if it was adulterated with other substance, it could not be construed as cocaine quantifying as a commercial quantity. This will enable the accused to straight away have the benefit of doubt as to the alleged quantity that was seized as being narcotic....
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....he samples were received within the aforesaid time limit on the original copy of the Test Memo that Court proceedings can start immediately. In the next 15 days the results of quantitative test (purity of the drug) should also be indicated on the duplicate test memo and sent to the officer from whom the samples were received." And that a Test Register also being required to be maintained is specified under Clause 1.19, which reads as follows:- "1.19 All results both the qualitative and quantitative tests should be entered into the Register of samples (para 1.15). This register is intended to serve as a reference and as such should be quite durable. I t should carry the results and the date of despatch with reference to....
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.... of the drug that was allegedly seized and when there is no quantitative report on record, it would be a lacuna that would go to the root of the matter. This aspect of the matter is to be kept in view by the courts below trying cases under the NDPS Act, which shall ensure that the Standing Instructions as regards the procedure to be followed in expeditious test being conducted, maintenance of test reports and filing of such reports along with the charge sheet, are complied with, in order to carry the case forward without the same being an empty exercise of ultimate acquittal of the accused. 5. Therefore, in the present case on hand, the petitioner has made out a case for enlargement of bail in the face of the lacuna that is pointed....