State Of Himachal Pradesh vs Pawan Kumar on 8 April, 2005
Learned counsel for the Narcotic Department denied the
correctness of the arguments raised on behalf of the
appellant and supported the judgment of the trial court and
argued that there is no illegality, invalidity and impropriety in
the impugned order passed by the leaned trial court. Minor
discrepancy and contradictions in the statements of the
witnesses and minor variations regarding the percentage of
Morphine in the sample does not affect the merit of the case.
It is a case where more than commercial quantity of the
Morphine was recovered from the possession of the
accused which prima-facie shows that accused-appellant
was involved in business of the contraband articles and he is
not entitled to be released on bail. Learned counsel for the
Narcotic Department also cited law of Hon'ble Supreme
Court State Vs. Pawan Kumar (2005) 4 SCC 353 where
Hon'ble apex Court has laid down as follows :