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Judgment
Vivek Bharti Sharma, J
Applicant Jagdish, who is in judicial custody in Case Crime No.04 of 2022, under Sections 8/20 of The Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Lambgaon, District Tehri Garhwal, has sought his release on bail.
Heard learned counsel for the parties and perused the record.
The main limb of the argument of the learned counsel for the applicant is that by perusal of the F.I.R. it seems that the contraband (Charas) recovered from the possession of the applicant/accused was 1.056 Kg with its bag, so it is quite possible that the net quantity of the contraband (Charas) without bag may be less than 1 kg i.e. the commercial quantity. He would further submit that on last date i.e. 10.04.2023 the State counsel was directed to get instructions as to whether the articles were weighed without bag or with bag.
Learned counsel for the State Mr. Siddhartha Bisht has filed the report of the Investigation Officer in the Court today, which says that the contraband (Charas) when weighed was found to be 1.056 Kg without bag.
In view of the fact that the recovered contraband (Charas) is more than the commercial quantity, there is no ground for bail at this stage. Hence, the present bail application is rejected.
Learned Trial Court is directed to examine the witnesses and conclude the trial expeditiously.
Registry is directed to send the copy of this order to the learned Trial Court for compliance.