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2013 Supreme(All) 1898

JAYASHREE TIWARI
Asvarali – Appellant
Versus
Union of India – Respondent


Advocates:
For the Applicant: P.K. Ka-shyap, Awadhesh Kumar Srivastava, Shailesh Tripathi and Sheo Ram Singh.
For the Opposite Party : Sanjay Kumar Singh A.G.A.

Jayashree Tiwari,J.

Case called out in the revised list.

2. Heard learned counsel for the accused applicant and the learned A.G.A.

3. The present bail application has been filed for enlarging accused applicant Asvar Ali on bail in Case Crime No. Nil of 2012 under sections 9A, 25A and 43 of The Narcotic Drugs and Psychotropic Substances Act, 1985 (in short NDPS Act), Police Station Custom Vighag, District Bareilly.

4. Learned counsel for the accused applicant contended that the accused applicant is in jail since 28.1.2012. It is admitted that the report of the Chemical Examiner which had been filed by the learned A.G.A. supports the version of the prosecution that 'controlled substances' is alleged to have been recovered from the possession of the applicant.

5. Control substances is defined in section 2 (viid) of the NDPS Act which lays down as under:

"2 (viid) Controlled substance means any substance which the Central Government may, having regard to the available information as to its possible use in the production or manufacture of narcotic drugs or psychotropic substances or to the provisions of any International Convention, by notification in the Official Gazette, declare to be a con
















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