RAMESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. fourth bail application under Sec. 439 Cr.P.C. has been filed on behalf of the petitioner as the petitioner has been arrested in FIR No.116/2019 of Police Station Sangaria, District Hanumangarh for the offences punishable under Ss. 8/15, 21, 22 and 29 of NDPS Act.

(2.) Learned counsel for the petitioner has submitted that as per the prosecution story, 260 grams capsules containing narcotic substance Tramadol were recovered from the possession of the petitioner. It is also submitted that as per the recovery memo, 400 capsules were recovered from the petitioner and each capsule is weighing 65 grams and as such the weight of 10 capsules is approx 6.5 grams.

(3.) Learned counsel for the petitioner has invited my attention towards the report of the Regional Forensic Science Laboratory, Jodhpur and submitted that as per the said report, the weight of the inner substance of the capsules is 5.399 grams. It is also submitted that out of the said weight if the weight of the narcotic substance Tramadole is excluded, then the same comes to 215.26 grams and i.e. below commercial quantity because 250 grams of narcotic substance Tramadol is considered as commercial quantity. Learned counsel for the petitioner has, therefore, submitted that the total weight of the narcotic substance Tramadol, allegedly recovered from the petitioner, after excluding the other substance, is below commercial quantity. Learned counsel for the petitioner has also submitted that the weight of the outer shells of the capsules is also to be excluded. Hence, the petitioner is entitled to be enlarged on bail.