AJAY MALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has filed this bail application under Section 439 of Cr.P.C.

(2.) F.I.R. No. 40/2020 was registered at Police Station Mansarovar, District Jaipur for offence under Sections 8/20 of NDPS Act.

(3.) It is contended by counsel for the petitioner that at the time when the seizure was made, seven bags, each of 25 kgs and one bag of 30 kgs was seized but at the time of preparing the inventory report by the Magistrate, the weight was decreased from 205 kgs to approximately 173 kgs. There is reduction in weight by 32 kgs. It is also contended that Magistrate has mentioned that leaf like substance is recovered. It is also contended that the same does not fall under the definition of Ganja as given in the Act. It is also contended that no reason was noted prior to the seizure of making the seizure after sunset and before sunrise. It is also contended that petitioner is not having any criminal antecedents of like nature.