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Judgment
11 paragraphs · 394 wordsRavindra Maithani, J
Applicant Brajnandan is in judicial custody in FIR No.72 of 2023, under Sections 8/21/60 of the Narcotic Drugs and Psychotropic Substances, 1985, Police Station Kaladungi, District Nainital. He has sought his release on bail.
Heard learned counsel for the parties and perused the record.
According to the FIR, on 21.04.2023, 255 grams smack was allegedly recovered from the possession of the applicant.
Learned counsel for the applicant would submit that the weight of the smack is along with the wrapper and it is not clear as to what was the weight of the article allegedly recovered from the applicant.
When this was argued, a request was made to the learned State Counsel to get the correct weight of the allegedly recovered article without wrapper. The article was further weighed on 12.04.2024, by the concerned court, and it recorded that along with the wrapper, the article was 276 grams, and without wrapper, it was 272 grams. The court has separately weighed the sample of the article, which is 4.68 grams and its wrapper is 3.89 grams.
Learned counsel for the applicant would submit that not only this, when PW1 was examined in the Court, he still maintained that the weight of the allegedly recovered article is 255 grams. Therefore, it is argued that there is a huge discrepancy and it makes the prosecution case doubtful.
Learned State Counsel would submit that commercial quantity of smack was allegedly recovered from the possession of the applicant; whatever variation is there, it is due to discrepancy in the scales, which were used for weighing the smack.
It is true that, according to the FIR, 255 grams smack was allegedly recovered from the possession of the applicant. When without wrapper the weight was measured, the court concerned has given a report that without wrapper, the weight is 272 grams. The weight of the wrapper is 4 grams. In any case, as per the prosecution, the allegedly recovered quantity is commercial. The differentiation in the weight may be due to discrepancy in the scales used for weighing the smack. It may not be a sole ground for bail.
Having considered, this Court does not see any ground, which may entitle the applicant to bail. Accordingly, the bail application deserves to be rejected.
The bail application is rejected.