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2022 Supreme(Pat) 302

SATYAVRAT VERMA
Rajesh Sahni alias Bantha alias Rajesh Sahani – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioner: M/s Vindhya Keshari Kumar, Sr. Adv., Neeraj Kumar Alias Sanidh.
For the State : Mr. Chandra Bhushan Prasad.

ORDER

Heard learned Senior Counsel for the petitioner and learned A.P.P. for the State.

2. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court.

3. The petitioner seeks bail in a case registered for the offences punishable under Sections 20 and 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’) and later on charge-sheet was submitted under Section 8(c) and 21(b) of the NDPS Act.

4. Learned Senior Counsel for the petitioner submits that the petitioner is in custody since 10.06.2021, charge-sheet has been submitted and is a person with clean antecedent.

5. The informant alleges that on the basis of secret information on 10.06.2021, he raided the shop of the petitioner and recovered 45 puriya (pouch) of smack from the plastic bag along with Rs.2,640/- in cash.

6. Learned Senior Counsel for the petitioner submits that from bare perusal of the allegation as alleged in the FIR, it would manifest that the allegation of recovery is of 45 pouch of smack from the plastic bag, from the shop of the petitioner but neither the FIR nor the seizure list even remotely whispers what was the weight of the alleged se

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