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Judgment
10 paragraphs · 261 wordsRavindra Maithani, J
Applicant Amit Kumar is in judicial custody in connection with Special Sessions Trial No. 19 of 2023, in FIR/Case Crime No. 59 of 2022, under Sections 8/20/27/60 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station New Tehri, District Tehri Garhwal. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 16.11.2022, 1.024 Kg. charas was allegedly recovered from the possession of the applicant.
Learned counsel for the applicant would submit that the case is doubtful. When the article was weighed in the court on 18.03.2024, when the statement of PW2 was recorded, the total weight was 844 grams. He would submit that if 100 grams sample is added to 844 gram, it comes 944 grams, which is much less than the allegedly recovered quantity. The weight of the article, as per court record is less than commercial.
Learned State counsel admits these facts.
The difference of weight is about 100 grams. When weighed in the court, the article was 844 grams. Even if 100 gram is added, it comes to 944 grams. Still it is less than commercial.
Having considered the entirety of facts, this Court is of the view that the applicant deserves to be enlarged on bail.
The bail application is allowed.
Let the applicant be released on bail, on his executing a personal bond and furnishing two reliable sureties, each of the like amount, to the satisfaction of the Court concerned.