- (1.)NINETY Kilograms of Poppy straw (Bhuki) is stated to have been recovered from the Tool Box of Vehicle bearing registration No. JK02-C/5075 at Baggu nallah, Batote when it was being driven by the petitioner from Srinagar towards jammu. After the investigation of the case fir No. 74/2007, registered at Police Station, batote, in this regard, the police produced a challan against the petitioner in the court of learned Special Judge (Additional Sessions Judge), Ramban.
(2.)PETITIONER was charged under Section 8/25 of NDPS Act and his request for release on bail has been declined by learned special Judge (Additional Sessions Judge), ramban. He has approached this Court for admitting him to bail.
(3.)PETITIONER's counsel says that seizure memo dated 10-6-2007 prepared by SHO, police Station, Batote, indicates preparation of three packets weighing 250 grams each, out of the seized material, which are stated to have been sent for chemical analysis to jammu and Kashmir Forensic and Science laboratory, Jammu, whose Assistant scientific Officer had, however, found the three packets received by him to be weighing 300, 310 and 370 grams. It is on the basis of the increase in weight, of the packets, noticed by the Assistant Scientific Officer, at the time of its receipt in the Forensic Science Laboratory, that the learned counsel urges the seizure of Poppy Straw to be doubtful, going to the very root of the case and entitling the petitioner to acquittal when the case was taken up for final consideration. Relying upon Rajesh Jagdamba Avasthi v. State of goa reported as (2005) 9 SCC 773 : (AIR 2005 SC 1389) and Mohd. Ramzan v. State (NCT of Delhi) reported as 2005 (3) Crimes 311, learned counsel submits that the petitioner is entitled to be released on bail because there are reasonable grounds for believing that the seizure was doubtful and the petitioner cannot be said to have been guilty of the offence with which he stands charged by the learned Special Judge.