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2022 Supreme(Del) 1736

JASMEET SINGH
Hardeep Singh – Appellant
Versus
State – Respondent


Advocates appeared:
Ms Sushma Sharma, Mr Girish Kumar Sharma, Mr. Karan Verma and Ms Aayushi Gaur, Advs., for the Petitioner; Mr. Pradeep Gahalot, APP, ASI Charan Singh, PS Tilak Nagar., for the State

JUDGMENT

Jasmeet Singh, J. - This is an application seeking grant of bail to the applicant/accused in FIR No. 06/2020 dated 04.01.2020, under Sections 15/25/29/61/85 NDPS Act, registered at Police Station-Tilak Nagar.

2. It is stated that the applicant-accused was found in possession of illicit drug 'Doda-Post' which was recovered by SI Vikas Sahu, HC Sandeep and Constable Manoj while they were patrolling the area. The applicant along with his brother i.e. co-accused Harjeet was found unloading katta from car bearing No. DL-4CND-8817 make i10. The total recovery of the substance was 58.5 kgs allegedly found in three kattas weighing 17.5 kgs, 22 kgs and 19 kgs respectively. It has been stated by Ms Sushma Sharma, learned counsel for Applicant, that in the present case there is non-compliance of mandatory provisions of Section 41 of the NDPS Act. She states that as per the respondent's case, the applicant and his brother were found at the time of patrolling around 07:15 a.m. The police personnel stopped the boys and on interrogation stated that the katta contained 'Doda-Post' i.e. poppy straw. The katta was checked and the SI informed the Inspector telephonically who gave orders for t

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