High Court of Judicature at Allahabad
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Mohd. Ashraf v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 10137 of 2006  RD-AH 10092 (23 May 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Mohd. Ashraf indicted in case crime No. 677 of 2006 under section 8/18 of N.D.P.S. Act P.S.Galshahid District Moradabad.
Heard Shri Niraj Singh holding brief of Shri Amit Singh, learned counsel for the applicant, learned A.G.A. and have perused the record.
The learned counsel for the applicant submitted that the recovery of 4 kg. Puppy Straw is alleged to have been made from search of bag which the applicant was holding in his right hand. The learned counsel urged that there are no public witnesses to the recovery and compliance of provisions of sections 50 and 57 of the N.D.P.S. was not made. The learned counsel argued that the applicant is not a man of criminal antecedents.
The learned A.G.A. argued that the contraband seized from the possession of the applicant is more than small quantity.
I have taken into consideration the submissions advanced on behalf of both the parties.
The applicant is said to have been intercepted at 4.30 P.M. on 20.4.2006 and recovery of 4 kg. Poppy Straw is said to have been made from his possession. There are no public witnesses to the search and seizure. There is no criminal history of the applicant In view of these facts, I consider it to be a fit case for bail.
Let the applicant Mohd. Ashraf indicted in case crime No. 677 of 2006 under section 8/18 of N.D.P.S. Act P.S. Galshahid District Moradabad, 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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