JAGDISH RAMRATAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant Jagdish, who is in judicial custody in Case Crime No.04 of 2022, under Ss. 8/20 of The Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Lambgaon, District Tehri Garhwal, has sought his release on bail.

(2.) Heard learned counsel for the parties and perused the record.

(3.) 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. 10/4/2023 the State counsel was directed to get instructions as to whether the articles were weighed without bag or with bag.