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2023 (9) TMI 1788

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....t-IX. P.C.: 1. Heard learned counsel for the applicant and learned APP for the State. 2. This is an application for bail in respect of the offence punishable under Sections 8(c), 20(c), 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter "NDPS Act", for short), registered vide C.R. No.15/2021 with Malavani Police Station and also vide C.R. No.6/2021 with DCB-CID, Uni....

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....and 5 has observed thus: "4. The panchanama dated 25/11/2020 records that the investigating agency had mixed together the entire contraband contained in all the three bags and thereafter drawn three samples, one of which was forwarded to CFSL for analysis. The learned Single Judge of Delhi High Court in Amani Fidel Chris (supra) has held that "Mixing of the contents of container/package (....

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....i Prakash Vs. The State of Odisha in Special Leave to Appeal (Crl.) No.4169 of 2023 the Hon'ble Supreme Court has observed that "The prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo created under Section 37(1)(b) (ii) of the ND....

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.... (a) The application is allowed. (b) The applicant- Afsar Anwar Husain Sayyad in connection with vide C.R. No.15/2021 with Malavani Police Station and also vide C.R. No.6/2021 with DCB CID, Unit-IX, shall be released on bail on his furnishing P.R. Bond of Rs.1,00,000/- with one or more local sureties in the like amount. (c) The applicant shall attend the Investigating Of....