2003 (1) TMI 771

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....s arrested in case FIR 50/2002 registered at PS Narcotics Branch, Kamla Market under Section 21/61/85 of the NDPS Act, 1985 (hereinafter referred to as the Act only) on the allegations that on 10.8.2002 200 gms. of smack was recovered from him. 2. Learned counsel for the petitioner has prayed for bail mainly on the ground that the quantity allegedly recovered from the petitioner was not commerc....

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....ndent has argued that the judgment relied upon by learned counsel for the petitioner is not applicable to the facts of the present case. 3. After considering the submissions made by learned counsel for the petitioner and learned counsel for the respondent this Court is of the considered view that although the quantity of smack recovered from the petitioner was not commercial quantity but still ....

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....lmorphine. In the case of Mohd. Sayed Vs. Custom (supra) the facts and circumstances were entirely different as the accused was found in possession of 3215 Injections of Buprenorphine of 2 ml each and the CRCL report revealed that there was 0.09 ml Buprenorphine per ml in each injection. The Court was, Therefore, of the view that the quantity of Buprenorphine as mentioned in the charge was not cor....