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2007 DIGILAW 1870 (DEL)

YASHODHA v. STATE

2007-11-07

V.B.GUPTA

body2007
V. R. GUPTA, J. ( 1 ) BY way of the present application, petitioner is seeking bail in this case. ( 2 ) ON 4th January, 2007, the petitioner was arrested on the basis of secret information and was found in possession of 2 kgs of Charas. Charge sheet has been filed in this case and the matter is pending before the trial court for consideration of charge. ( 3 ) IT has been contended by learned counsel for the petitioner that the petitioner is in jail since 4th January, 2007 and she is a lady and perusal of the charge sheet reveals that only one sample Mark A containing dark greenish brown coloured rod shaped cylindrical solid material weighing 23gms. was sent to FSL, whereas as per allegations, the petitioner was in possession of two black coloured substances, one cylindrical shaped and one slab shaped and two samples of 25gms each were taken and sealed as Mark a and B. Under these circumstances, there are inherent contradictions in the case of prosecution and as such the petitioner is entitled to bail. ( 4 ) ON the other hand, it has been contended by learned counsel for the State that huge recovery has been effected from the petitioner and the case is at the stage of charge only and as such no bail should be granted. ( 5 ) THE petitioner in this case was caught red handed and 2 kgs of Charas was recovered from her possession. Even assuming for arguments sake that only one sample was sent to FSL as contended by learned counsel for the petitioner, even then as per the report of FSL that sample was found containing "charas" and the petitioner could certainly be charged for being in possession of the Charas. So, prima facie, involvement of the petitioner is full there in this case and keeping in view the gravity and seriousness of the offence and the quantity of the Charas recovered from the possession of the petitioner, no case is made out for grant of bail. Hence, the application is dismissed.