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SUPREME COURT OF INDIA

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CASE NO.:

Appeal (crl.) 907 of 2001

PETITIONER:

STATE OF MADHYA PRADESH

Vs.

RESPONDENT:

KAJAD

DATE OF JUDGMENT: 06/09/2001

BENCH:

M.B. Shah & R.P. Sethi.

JUDGMENT:

SETHI,J.

Leave granted.

Acting upon a definite information received by the Police

Station Jawad, District Neemuch, Madhya Pradesh, force was deployed

and the respondent-accused apprehended on the night of 24th March,

2000. After compliance of the mandatory provisions of Section 50 of

the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter

called "the Act"), opium weighing 7 kgs. was seized from the accused

which he had kept in his bag. After completing necessary procedural

formalities and getting the samples tested, a charge-sheet was

submitted against the accused in the competent court. Application for

bail moved by the accused was rejected by the trial court.

Dissatisfied with the rejection of his bail application, the

respondent-accused moved an application in the High Court which was

registered as Miscellaneous Criminal Case No.2052 of 2000. The said

application was rejected by the High Court vide order dated 5