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2022 Supreme(P&H) 816

SURESHWAR THAKUR
Jaswinder Singh – Appellant
Versus
State Of Haryana – Respondent


Advocates:
Mr. P.S. Sekhon, Advocate, for the Appellant; Mr. Pradeep Prakash Chahar, DAG, Haryana, for the Respondent.

JUDGMENT

Sureshwar Thakur, J. - The instant petition is directed against the impugned order, as made by the learned Additional and Sessions Judge, Fatehabad, on 11.11.2021, wherethrough, he declined to grant the craved for indulgence of de-fault bail to the petitioner herein, in case arising out of FIR No.219 of 24.09.2020, registered at Police Station Sadar Tohana, District Fatehabad, wherein offences constituted under Sections 22-C, 27-A of NDPS Act, are embodied.

2. From the alleged conscious, and, exclusive possession of the petitioner, and, co-accused, at the crime site, recovery became effected of 700 strips (containing 10 tablets each) of Tramadol Hydrochloride Tablets 100 mg. Clovidol-100 SR bearing batch No.TVD-20301, MFG-AUG-2020, EXP-JUL- 2023 (total 7000 tablets), hence weighing 3 kg 714 grams. The weight of the seizure makes it fall within the ambit of commercial quantity thereof, and, thereons the rigor of Section 37 of NDPS Act are applicable, and, prima-facie the present bail petitioner, is not entitled, to his becoming admitted to regular bail.

3. However, since the investigating officer, from the date of registration of FIR against the present bail petitioner, inasm

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