2009 (8) TMI 1244

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....rams and 1596 grams from the possession of the accused. The accused were produced before the learned Judge on 21.2.2009 and they were remanded to the judicial custody. On 5.5.2009, the accused No. filed an application seeking enlargement on bail on the ground that investigation is not completed within sixty days from the date of Judicial remand and he is entitled for enlargement of bail under Section 167(2) of the Cr.P.C. The learned Judge by his order dated 1.6.2009 considering the fact that prosecution had not produced any material to show that seized material contains narcotic drugs either of commercial quantity or less than commercial quantity, in the circumstances, considering the punishment prescribed as per the provisions of Section ....

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....t was not submitted within the period of sixty days, has enlarged the accused on bail 4. Shri Hashmath Pasha, learned Counsel appearing for the accused submitted that, as far as possession of the narcotic drugs is concerned, the presumption may arise under the provisions of the Act. As far as quantity of narcotic drug seized, it is based on chemical examination and quantitative analysis and the said report was not produced before the Court to show as to whether the accused was found in possession of smaller quantity or a commercial quantity of drug. Since nothing was produced before the learned session Judge and investigation was not yet completed, the accused is entitled to the benefit under Section 167(2) of Cr.P.C. He submits that eve....