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2021 Supreme(P&H) 1170

VIVEK PURI
Takdir – Appellant
Versus
UT Chandigarh – Respondent


Advocates Appeared:
Parmod Kumar, Advocate, Prateek Gupta, Advocate

JUDGMENT

Vivek Puri, J. - Takdir-Petitioner has filed the third bail application under Section 439 Cr.P.C. for grant of regular bail in case FIR bearing No.16 dated 21.01.2020 under Section 20 & 29 of NDPS Act, registered at Police Station West Sector-11, Chandigarh.

2. The first application for bail bearing CRM-M-14896-2020 was dismissed as withdrawn on 17.7.2020. The second application for bail bearing CRM-M-35083-2020 was dismissed in terms of a speaking order dated 6.11.2020.

3. Briefly, the allegations as putforth are to the effect that on 21.01.2020 the petitioner alongwith the co-accused namely, Jagdish were apprehended by the police while they were carrying two bags. On seeing the police party they tried to throw the bags. From the search of the bags, 20 kg 600 grams and 20 kg 500 grams of "Ganja" was recovered.

4. It has been contended by the learned counsel for the petitioner that the quantity of contraband exclusively recovered from the possession of the petitioner is 20 Kg 600 grams which is marginally above the commercial quantity, he is in custody since 21.01.2020 and there is a discrepancy with regard to the time as mentioned in the General Diary and the FIR.

5. It has be

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