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Embarking on the intricate journey through legal complexities, we conducted a comprehensive examination centered around an arrest under Sections 18/61/85 of the Narcotic Drugs and Psychotropic Substances Act.

 

Our client was apprehended carrying 3 kg of opium and allegedly discovered the contraband in his conscious possession, without any valid license or permit. The arrest occurred as the petitioner, with a black polythene bag, encountered the police and, to avoid scrutiny, tossed the bag on the roadside. The ensuing chaos revealed another transparent bag within the torn polythene, leading to his identification and subsequent arrest. As of March 4, 2024, the petitioner had been in custody for an extensive period, spanning 500 days. This under-trial period originated from the initial arrest on October 21, 2022. A look into the petitioner’s legal history also showed previous cases, including an FIR in 2010 and a conviction in 2014, both under the NDPS Act.

 

There were two other cases; however, no witnesses had been examined till the date of the hearing, and the custody period was on the higher side.

 

In light of these legal intricacies, the Hon’ble Bench of Justice Deepak Gupta granted bail to our client, emphasizing the importance of scrutinizing chance recoveries and conscious possession.

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