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2023 (8) TMI 1743

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....de APP. API Sanjay Khandagale, ANC Kandivali 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) read with 20(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereafter "NDPS Act", for short) registered on 25/12/2021 vide C.R. No.104/2021 with Anti-Narc....

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....ely but kept together and representative samples were drawn from the two slabs which were kept together. Thus, prima facie, it appears that the samples were not drawn separately from the two slabs which by then was merged into one slab. 6. Learned counsel for the applicant has relied upon the decision of this Court in the case of Ibrahim Khwaja Miya Sayyed @ Raju Vs. The State of Maharashtra in....

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.... to be a representative sample of the corresponding container/ package". In the instant case, as noted above, the sample sent to CFSL was not the representative sample. Considering this vital aspect, in my considered view the Applicant would be entitled for bail." 7. In my considered view, prima facie, the aforesaid facts and circumstances are sufficient to get over the rigor of Section 37 of t....

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.... one or more local sureties in the like amount. (c) The applicant shall attend the Investigating Officer of Anti-Narcotics Cell, Kandivali Unit once in a month every first Monday of the month between 11.00 a.m. and 1.00 p.m. (d) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissua....