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2012 Supreme(Kar) 1066

V.JAGANNATHAN
Mujeeb Mehboob – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
Hashmath Pasha, for the Appellant
Satish R. Girji, High Court Government Pleader, for the Respondent

ORDER

V. Jagannathan, J. The petitioner, said to be A-4, seeks bail in respect of the offence alleged under Section 20(ii) of Narcotic Drugs and Psychotropic Substances Act, 1985. The case of the prosecution in short is that, the Investigating Officer in question conducted a raid on Room No. 27 of Super Lodge, near Pradeep Theatre, Bangalore on 24-5-2011 at 11.10 a.m. and seized 1 Kg 195 gms of charas at the instance of A-4 i.e., the petitioner herein and from other accused 6 Kgs of charas were seized. The charge-sheet was submitted after completion of the investigation and the petitioner's request for bail was turned down by the Trial Court.

1-A. I have heard the learned Counsel for the petitioner and the learned Government Pleader for the respondent-State.

2. Learned Counsel for the petitioner submits by pointing to the chemical analysis report, that is part of the charge-sheet material, that the prosecution is not very definite about the samples seized by it as to charas or only ganja and therefore in the face of such report and the percentage of the positive principle resin not being indicated in the report, having regard to the definition of cannabis plant in Section 2(iv) of the
























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