TMI Blog2022 (9) TMI 218X X X X Extracts X X X X X X X X Extracts X X X X ..... 32 grams of opium was recovered from the possession of petitioner Anju Bhalla while 265 grams of opium was recovered from the petitioner Anjali Bhalla. The aforesaid quantity of opium comes under non-commercial quantity of contraband and thus the embargo provided in Section 37 of the NDPS Act is not applicable to the instant case. All the recoveries have already been effected in this case and after completion of investigation police has presented the challan but charges are yet to be framed - It will take considerable time for the trial to conclude, after the framing of charges. Coaccused Gaurav Pahwa who was apprehended at the spot along with both the petitioners and from whom cash worth Rs.1.75 crores was recovered, has been granted conce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d about 30 years is wife of Sahil Bhalla son of Anil Bhalla. The Senior counsel has further submitted that the entire family of Anil Bhalla including both the petitioners, has been falsely implicated in the present case at the instance of Sanjeev Garg who was business partner of Anil Bhalla and now they are having strained relations due to business dispute. The Senior counsel has further submitted that as per the prosecution version both the petitioners and Gaurav Pahwa (brother of petitioner Anjali) were apprehended by the police on 31.05.2022 while they were present in the car parking area of ICICI Bank Branch Sector-2, Panchkula. The Senior counsel for the petitioner has further submitted that as per the allegations appearing on the reco ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e circumstances there is no necessity to keep the petitioners in judicial custody for any longer period. The preset petition is opposed by the State counsel who has filed reply by way of an affidavit of Surender Singh, Assistant Commissioner of Police, Panchkula on behalf of the State and the same is ordered to be taken on record. The State counsel has further submitted that the police received information that the cash collected by Anil Bhalla by committing fraud against Sanjeev Garg and other persons was stashed by the accused persons in ICICI Bank Branch Sector 2 Panchkula and on 31.05.2022 both the petitioners and Gaurav Pahwa had gone to withdraw the said cash from the bank. On the basis of the said information the police raided the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sions made by learned counsel for the parties. The FIR in the present case was registered on 31.05.2022 under Sections 3 and 4 of PMLA, Section 25 of Arms Act and under Section 18 of NDPS Act. As per the reply submitted on behalf of the State, offences punishable under Sections 3 and 4 of PMLA have been deleted upon the verification by Surender Singh, HPS, ACP-III, Panchkula. So, now the FIR in question is with regard to Section 25 of Arms Act and Section 18 of NDPS Act. As per the allegations appearing on record 432 grams of opium was recovered from the possession of petitioner Anju Bhalla while 265 grams of opium was recovered from the petitioner Anjali Bhalla. The aforesaid quantity of opium comes under non-commercial quantity of c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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