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2022 Supreme(All) 323

KRISHAN PAHAL
Om Prakash Verma – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Karunakar Srivastava.
For the Opposite Party : G.A.

JUDGMENT :

1. Heard Sri Sri Karunakar Srivastava, learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

2. Applicant seeks bail in Case Crime No. 0205 of 2021, under Sections 8/20 of The Narcotic Drugs And Psychotropic Substances Act, 1985, Police Station-Utraula, District Balrampur, during the pendency of trial.

3. As per prosecution story, 1 quintal 3 Kg 290 grams of ganja and 38 packets of cigarette rolling paper from a unnumbered Tata Tiago car along with one CMP, .303 bore, one live cartridge of .303 bore are said to have been recovered from the possession of two co-accused persons, namely, the applicant and Ram Prakash Verma. Rs.340 cash was recovered from the possession of the applicant and Rs.25,000/- cash was recovered from the possession of co-accused Ram Prakash Verma and two accused persons are stated to have run away from the scene of recovery after seeing the raiding party.

4. Learned counsel for the applicant has argued that in all the said contraband was recovered from 19 packets and one polythene amounting to total of 1 quintal 3 Kg and 290 grams and only one sample has been taken from the said contraband. This is a cle

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