Code of Criminal Procedure, 1973–Sec. 439–Narcotic Drugs & Psychotropic Substances Act, 1985–Sec. 8/22–Bail application–Statements of Investigation Officer before the Trial Court show that the samples were taken immediately after the seizure by himself without there being presence of any Magistrate–The Samples drawn in proceedings u/s. 52A have not been sent to FSL–Prima facie record did not show the compliance of Sec. 52A in its true spirit–In the absence of proper explanation by the prosecution, it significantly undermines the case and reduces the evidentiary value of the statement made by the seizure officer–Applicant is in custody since 24.06.2022–Bail granted subject to certain conditions.
