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| 3 persons facing charges under NDPS denied bail | | | EARLY TIME REPORT
JAMMU, NOVEMBER-12 (JNF):- Second Additional Sessions Judge Jammu Vinod Chatterji Koul today rejected bail application of Bhupinder Singh, Sukhdev Singh and Ravi Kumar who are facing trial under NDPS Act. The charge has already been framed against them, 5760 capsules of Spasmo Proxyvon have been recovered from the possession of accused. The accused Bhupinder Singh was found in possession of 2160 capsules, Sukhdev Singh 2016 capsules and accused Ravi Kumar 1584 capsules.
The bail was sought on the ground that quantity seized from the accused does not fall in category of commercial quantity, if the quantity of Narcotic Substance contained in each capsule is taking consideration; therefore, section 37 of NDPS Act is not attracted. On the other hand prosecution has objected that it is not only the narcotic substance contained in the capsules which is to be taken into consideration for finding as to whether the quantity seized is commercial or not but it is a whole of mixture, which is to be taken into the consideration for determining as to whether quantity is commercial or not.
The court after hearing Advocate Madan Lal for the accused whereas Additional Public Prosecutor appeared for the state observed that the finance ministry vide notification dated November 18, 2009 has amended the table by virtue of said notification amendment has been carried out and it is clear from the amendment that it is not only narcotic competent which is taken into consideration, but for the purpose of considering as to whether the quantity is commercial or not, mixture as whole is to be taken into consideration. Keeping in view the notification by virtue of which NDPS Act stands amended, the quantity recovered from the accused falls in category of commercial quantity as such section 37 of NDPS Act is applicable. With these observations Court dismissed the bail application of the accused persons. JNF
JNF/NOVEMBER/12/2010/3
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