High Court of Judicature at Allahabad
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Lavkush v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 9964 of 2006  RD-AH 9995 (22 May 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Lavkush indicted in case crime No. 62 of 2006 under section 8/22 of N.D.P.S. Act P.S. Colonelganj District Allahabad.
Heard Shri Sudhir Kumar Srivastava, learned counsel for the applicant, learned A.G.A. and have perused the record.
In between the night of 19/20.2.2006 the applicant was arrested by the police and recovery of about 500 gm. Dizapam Powder is alleged to have been made from his possession.
The learned counsel for the applicant submitted that compliance of the provisions of sections 42 (2), 50, 51 and 57 of the N.D.P.S. Act was not made by the police. According to the learned counsel there are no public witnesses to the recovery. The learned counsel urged that the recovered contraband having not been weighed on scale it cannot be said that quantity was 500 gm.
The learned A.G.A. submitted that recovery of 500 gm. Dizapam powder has been made which is covered under the commercial quantity.
I have taken into consideration the submissions made on behalf of both the parties.
The recovery of about 500 gm. Dizapam Powder is said to have been made from the possession of the applicant. The commercial quantity is 500 gm. The contraband seized from the possession of the applicant having not been weighed on scales, it cannot be said that its weight was 500 gm. There are no criminal antecedents of the applicant. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Lavkush indicted in case crime No. 62 of 2006 under section 8/22 of N.D.P.S. Act P.S. Colonelganj District Allahabad, be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
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