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Showing contexts for: paracetamol in Arshad vs State Of U.P. on 17 October, 2023Matching Fragments
1. Learned AGA for the State submits that instructions have been received in the case and the bail application may be heard. With the consent of learned counsel for the parties, the bail application is being heard at this stage.
2. Heard learned counsel for the applicant, learned AGA for the State and perused the record.
3. A recovery of 560 gms of smack and 1 kg paracetamol is alleged by the prosecution to have been recovered from the applicant from a public place. As per F.S.L. report, the substance recovered has been found to be paracetamol. Learned counsel for the applicant submits that no smack has been recovered. The applicant is in jail since 01.04.2023. The alleged recovery is made on 01.04.2023.
(e) There is no independent witness of the alleged search, seizure and recovery.
(f) As per F.S.L. report paracetamol has been found.
9. The presumption under Section 54 of the NDPS Act is applicable at the stage of trial and not at the pre-trial stage when the bail application is being considered. The recovery of the substance is below commercial quantity. Three Judges Bench of this Court in Tofan Singh Vs. State of Tamil Nadu, AIR 2020 SC 5592, has held that a confessional statement recorded under Section 67 of the NDPS Act to be inadmissible.