TMI Blog2009 (8) TMI 1244X X X X Extracts X X X X X X X X Extracts X X X X ..... ed before the learned Judge on 21.2.2009 and they were remanded to the judicial custody. On 5.5.2009, the accused No. filed an application seeking enlargement on bail on the ground that investigation is not completed within sixty days from the date of Judicial remand and he is entitled for enlargement of bail under Section 167(2) of the Cr.P.C. The learned Judge by his order dated 1.6.2009 considering the fact that prosecution had not produced any material to show that seized material contains narcotic drugs either of commercial quantity or less than commercial quantity, in the circumstances, considering the punishment prescribed as per the provisions of Section 21(B) (C) of the NDPS Act, came to the conclusion that as necessary material ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n bail 4. Shri Hashmath Pasha, learned Counsel appearing for the accused submitted that, as far as possession of the narcotic drugs is concerned, the presumption may arise under the provisions of the Act. As far as quantity of narcotic drug seized, it is based on chemical examination and quantitative analysis and the said report was not produced before the Court to show as to whether the accused was found in possession of smaller quantity or a commercial quantity of drug. Since nothing was produced before the learned session Judge and investigation was not yet completed, the accused is entitled to the benefit under Section 167(2) of Cr.P.C. He submits that even as on the date of pawing of the order, nothing was produced before the learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry dangerous drug and has wider effect on the younger generation, though law prescribe deterrent punishment, but if the prosecution Ms to prove the case, the existence of law becomes only formality. 8. In this case itself seizure is to the extent of more than two and half kg. However the actual Narcotic drug will be identified only after the chemical examination and quantity analysis. But due to the lapse on the part of the department in not getting the report, has benefited the accused to get the bail. It is purely due to the default on the part of prosecution. 9. Though the seizure is made on 20.02.2009 till 01.06.2009 there was no report, Reason given by the prosecution is that the machine had failed. In view of the default in not ..... X X X X Extracts X X X X X X X X Extracts X X X X
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