Heard learned counsel for the applicant, learned A.G.A and perused the record.
On 15th October, 2009 one week time was allowed to learned A.G.A. to produce the report of chemical analyst to show the percentage of contents of heroin in the recovered articles. Thereafter on 3rd November, 2009, two weeks' and no more time was allowed.
The case was listed again on 4th December, 2009. However, till that date the report was not submitted by learned A.G.A. However, the case was adjourned and by the next date. leanred A.G.A. was permitted to place of the chemical report regarding the percentage of the heroin in the recovered articles.
Learned A.G.A. informed that the fax messages was sent to Superintendent of Police, Maharajganj on 15th October, 2009, 9th November, 2009 and 9 December, 2009, in the present case crime no. 572 of 2008 under Section 8/22/23 N.D.P.S. Act, P.S. Nichlaul, District-Maharajganj. However, neither the report was submitted nor any information was given regarding the said report either by the Investigation Officer or by Superintendent of Police, Maharajganj.
In view of the fact it appears that either it has been taken casually or purposely order has not been complied with by the Investigating Officer the Police Officer concerned to indirectly support the accused-applicant.
List on 27th January, 2010.
On which date the Superintendent of Police will appear in person alongwith Investigating Officer and will show cause why the action be not taken against them for non-compliance of the aforesaid orders passed by this Court.
Let a copy of this order be supplied to Mr. S. U. Khan, learned A.G.A by tomorrow for follow up action.
Office will sent copy of this order for service upon the Superintendent of Police, Maharajganj through Chief Judicial Magistrate, Maharajganj.
Order Date :- 12.1.2010 ANT