JAGDISH Vs. STATE OF U P

JUDGEMENT

(1.) G. P. Srivastava, J. Heard learned Counsel for the applicant and learned AGA.

(2.) IT is argued by learned Counsel for the applicant that 30 small packs of smack were recovered from the possession of the applicant-Jagdish on 24-12-2005. The recovered article was never weighed. IT was neither weighed by the arresting officer nor by the SHO concern nor by the Magistrate who granted the first remand to the accused, even the learned Sessions Judge who disposed of the bail application of the applicant did not care to get the recovered article weighed. After the amendment of 2003 of N. D. P. S. Act, 1985 the weight of recovered article goes to the root of the jurisdiction because only the weight of recovered article determines the jurisdiction.