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Akhlak @ Vilsan & Anr. vs. State of Raj.

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Narcotic Drugs & Psychotropic Substances Act, 1985–Secs. 36-A & 20–Application u/s. 36-A–Dismissed–Legality–65 gms. charas was recovered from accused A & 60.24 gms. charas was recovered from M–Trial Court took into consideration the total quantity–Both the accused were on motorcycle and contraband was recovered separately from both accused–Held, recovered contraband from both accuseds and each different quantum was less than commercial quantity–Held, order of trial Court that the case was not triable 342by Judicial Magistrate in erroneous, capricious and contrary to law–Set aside.