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Issues involved: Bail cancellation petition by Customs Department for NDPS case.
Summary: The Customs Department filed a petition seeking cancellation of bail granted to accused No. 2 in an NDPS case. The accused were arrested for possession of Heroin, and bail was granted based on the prosecution's failure to produce evidence within the prescribed period. The defense argued that the delay in producing the quantitative analysis report should not have led to bail being granted. The defense contended that the accused should not have been enlarged on bail as the total quantity of narcotic substance seized was found to be a commercial quantity. The defense also highlighted that the prosecution failed to provide evidence regarding the quantity of drugs seized. The defense emphasized that bail was rightfully granted as the prosecution did not prove the case within the specified time frame. The judgment noted that the purpose of chemical examination and quantitative analysis is to determine the severity of punishment based on the quantity of drugs involved. It was observed that delays in these examinations could impact the outcome of the investigation. The judgment highlighted the importance of timely and thorough investigations in cases involving dangerous drugs like Heroin. Despite a significant seizure in the case, the delay in producing the necessary reports led to the accused being granted bail. The judgment concluded that due to the prosecution's default in producing essential evidence, the accused was rightly enlarged on bail. The court found no reason to interfere with the order and dismissed the petition.
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