High Court of Judicature at Allahabad
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Laljee Kushwaha v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. 4192 of 2007  RD-AH 7299 (20 April 2007)
Hon'ble R.N. Misra, J
The applicant is involved in case Crime No. 373 of 2006, under Section 8/20 of N.D.P.S. Act, P.S. Bishunpura, district Kushinagar.
Heard learned counsel for the applicant and learned A.G.A.
This is the second bail application of the applicant. The first bail application was rejected vide order dated 23.11.2006.
According to the prosecution case, the accused-applicant was found in possession of 30 Kg. Ganja, which has been denied by the applicant. In the first bail application, this point was not raised before the Court that the investigation was made by the Head Constable, who submitted the charge sheet against the applicant. Learned A.G.A has conceded this legal position that the Head Constable was not authorized to investigate the case under N.D.P.S. Act. Thus, the investigation suffers from legal defect. The accused-applicant has no criminal history of the case under N.D.P.S. Act.
In such circumstances, the applicant is entitled for bail.
Let the applicant Laljee Kushwaha be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of court concerned.
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