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DELHI HIGH COURT
BADAR DURREZ AHMED
Ansar Ahmed – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
BADAR DURREZ AHMED, J.
These ten bail applications were heard together as they raise common question. I shall deal with the common issues first and then with the individual bail applications. To consider the common issues I have taken a hypothetical case, which, it will become clear from what is stated below, bears a striking resemblance with the facts of each case:
A1. An alleged recovery of a suspected narcotic drug is made from the person of an accused. It is a brown coloured powder in a polythene bag. The field kit reveals that it is heroin (diacetylmorphine). It is weighed on an electronic scale and found to be 500 gms in weight. Two samples of 5 gms each are taken and placed in separate envelopes marked A and B. These samples are sent to the Forensic Science Laboratory for chemical analysis1. Gas chromatography tests2 conducted at the laboratory reveal that the brown coloured powder tests positive for diacetylmorphine. But, it comprises only of 0.2 percent diacetylmorphine. The question that arises is whether the alleged recovery is of a "small quantity" or a "commercial quantity" or an intermediate quantity of Heroin. Is the the entire 500 gms of the substance to be
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
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