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2008 Supreme(P&H) 481

M.M.S.BEDI
Sudhir – Appellant
Versus
State Of Haryana – Respondent


Judgment

M.M.S.Bedi, J.

1. This order will dispose of three petitions bearing Crl. Misc. Nos. 53336-M of 2007, 50029-M of 2007 and 2530-M of 2008 for the grant of bail, as the same have arisen from the same FIR.

2. As per the story of prosecution, on July 19, 2007, a Pick-up vehicle driven by Parveen Kumar was signaled to stop. On checking of the vehicle, two persons, namely, Kehar Singh and Sudhir, petitioners were found to be sitting on three gunny bags. Notice under section 50 of the NDPS Act was served upon the three persons to the effect that the three gunny bags were suspected to contain some intoxicant. They were given option to be searched in the presence of some Magistrate or some gazetted officer. The petitioners reposed faith. Gunny bags were searched. Out of each bag two samples of 100 grams each were taken out. Six packets of sample of ganja were prepared and each gunny bag was weighed. Two gunny bags weighed 22.800 kgs. while third gunny bag was weighing 24.800 kgs. The bags were sealed. The gunny bags were taken into possession vide recovery memo. An attempt was made to join independent witness. In this way, the three petitioners were allegedly found to be in possessi








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