High Court of Judicature at Allahabad
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Mustaque v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 10127 of 2006  RD-AH 10093 (23 May 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Mustaque indicted in case crime No. 5 of 2006 under section 21/22 of N.D.P.S. Act P.S. Chaman Ganj District Kanpur Nagar.
Heard Shri Asuotosh Tripathi holding brief of Shri Vishwa Ratna Dwivedi, learned counsel for the applicant, learned A.G.A. and have perused the record.
The learned counsel for the applicant submitted that recovery of 50 gm. Dizapam powder is said to have been made from the possession of the applicant. The learned counsel urged that compliance of provisions of sections 50 and 57 of the N.D.P.S. Act was not made by the police before taking search of the applicant. The learned counsel submitted that there is no criminal history of the applicant.
The learned A.G.A. argued that the quantity of Dizapam powder seized 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 by the police on 3.1. 2006 at 1.30 P.M. and recovery of about 50 gm. Dizapom powder was made from his possession. The quantity of contraband seized has not been mentioned in the recovery memo after weighing it on scales. There are no public witnesses of the search and seizure. The applicant is not a man of criminal antecedents. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Mustaque indicted in case crime No. 5 of 2006 under section 21/22 of N.D.P.S. Act P.S. Chaman Ganj 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.
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