Code of Criminal Procedure, 1973–Sec. 439–Narcotic Drugs & Psychotropic Substances Act, 1985–Secs. 8/15 & 52A–Bail application–Admitted situation that the samples which were taken by the seizing officer from the spot were sent to the FSL for chemical examination, which were not taken in the presence of the Magistrate–Non-compliance of the mandate of law contained u/s. 52-A of the Act–It can be said that the report of FSL in nothing but is a waste paper–Provisional liberty (bail) overrides the prescribed impediment in the statute u/s. 37 of the Act–Bail granted subject to certain conditions.
