SHAHNAWAZ versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Shahnawaz v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 9938 of 2006 [2006] RD-AH 10023 (22 May 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. (Mrs.) Saroj Bala, J

This is an application for bail moved on behalf of the applicant Shahnawaz, involved in case Crime No. 64 of 2006 under section 21/22 N.D.P.S. Act, Police station G.R.P., district Kanpur Nagar.

Heard Sri S.K. Nigam, learned counsel for the applicant, learned AGA and have perused the record.

The applicant is intercepted by the police on 26.3.2006 at 9.20 p.m. and recovery of 90 grams Dizapam powder and two Dizapam tablets was made from the personal search of the applicant.

The learned counsel for the applicant submitted that the quantity of Dizapam seized from the possession of the applicant is below commercial quantity and there are no public witnesses to the search and seizure. The learned counsel contended that there is no criminal history of the applicant and compliance of section 50 of N.D.P.S. Act has not been made.

The learned AGA submitted that recovery of Dizapam powder more than commercial quantity has been made from the possession of the applicant.

The recovery of 90 grams Dizapam powder and two Dizapam tablets is said to have been made from the possession of the applicant. There are no public witnesses to the search and seizure. There are no criminal antecedents against the applicant.

Taking into consideration the facts and circumstances, I consider it to be a fit case for grant of bail.

Let the applicant Shahnawaz, involved in case Crime No. 64 of 2006 under section 21/22 N.D.P.S. Act, Police station G.R.P., district Kanpur Nagar, be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

D/-22.5.2006

Mahmood-9938-06

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