SANJAY DHAR
Nissar Ahmad Yattoo – Appellant
Versus
UT of J&K through P/S Batamaloo – Respondent
JUDGMENT :
SANJAY DHAR, J.
1. The petitioner has filed the instant application seeking rectification of arithmetical error in order dated 18.07.2022 passed by this Court in Bail Application No. 51/2022.
2. A perusal of the record shows that the petitioner had invoked the jurisdiction of this Court under Section 439 of the Cr.P.C. seeking bail in FIR 139/2020 for offences under Section 8/21 of NDPS Act registered with Police Station, Batamaloo. The aforesaid application came to be dismissed by this Court in terms of order dated 18.07.2022, primarily, on the ground that the narcotic drug recovered from the possession of the petitioner falls in the category of commercial quantity and, as such, rigour of Section 37 of the NDPS Act is attracted to the case at hand.
3. In the application it has been contended that while passing the aforesaid order, this Court has committed an arithmetical mistake, inasmuch as the percentage of Codeine Phosphate, the drug which is subject matter of the case, has been calculated as 10% of the whole preparation whereas the fact of the matter is that it constitutes only 0.01% of the whole concentrate. It is urged that if this arithmetical mistake is set right, t
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