ABHISHEK SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has filed this bail application under Section 439 Cr.P.C. in connection with FIR No.25/2020 registered at Police Station Thanagazi, Alwar for the offence under Section 8 / 20 of the NDPS Act.

(2.) Heard learned counsel for the accused-petitioner/s and learned Public Prosecutor appearing for the State and carefully scanned the relevant material made available on record.

(3.) Learned counsel for accused-petitioner submits that the alleged "Ganja" recovered from the vehicle was stated to be in two different bags of 11.8 kg and 12 kg while the sample was collected by mixing both the bags and therefore, the same are in violation of the provisions of the NDPS Act . Learned counsel further submits that if the bags are stated to have been recovered, the same have to be treated as separate for two persons and it would go below commercial quantity.