NDPS
prashant pundhir
(Querist) 16 June 2011
This query is : Open
Dear forum members,
One of my client was arrested by the police with 1.2 kgs Charas .
The commercial quantity is 1 kg and above .After weighing the material recovered ,police prepared two sealed packets of charas .One of them is of 950gms. and other one is of 250 gms. The packet of 250gms send to the laboratory and from them the it is mentioned in the report that the sended material was charas but there was difference in the original quantity .They found the weight of the sample just 110 gms.
Now on the calculation it comes out that the recovered material was less then 1 kg.in weight and which comes in non-commercial value .The maximum conviction for the non commercial value is 6 months and for the commercial value is 10 years .
In the cases in which the maximum conviction is less then 3 years,comes in the cateogory bailable .
Now my question is that on the ground,can I claim for the bail for my client ?If any member have any specific citration of supreme court then please tell me .
Thanks in advance .
