High Court of Judicature at Allahabad
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Shobh Nath Dubey v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 20346 of 2005  RD-AH 10913 (4 July 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Shobh Nath Dubey indicted in case crime No. 387 of 2005 under section 8/22 (b) N.D.P.S. Act P.S. Chandwak District Jaunpur .
Heard Shri Pradeep Verma, learned counsel for the applicant, learned A.G.A. and have perused the record.
The recovery of 350 gm Heroin is said to have been made from the possession of the applicant.
The learned counsel for the applicant submitted that applicant is not a man of criminal antecedents. The learned counsel submitted that applicant has been falsely implicated due to village groupism. The learned counsel pointed out that there are no public witnesses to the recovery though recovery was made during day hours at 9.30 A.M. The submission of the learned counsel is that compliance of provisions of sections 42 and 50 of N.D.P.S. Act was not made.
The learned A.G.A. argued that recovery of Heroin which is more than small quantity was made from the possession of the applicant. The learned counsel urged that there was sufficient compliance of provision of section 50 of N.D.P.S. Act as search was taken in the presence of police Circle Officer
I have taken into consideration the submissions advanced on behalf of both the parties.
The recovery of 350 gm. Heroin is said to have been made from the possession of the applicant. The small quantity is 250 gm. There are no public witnesses to the recovery. The contraband is said to have been supplied to the applicant by co-accused Mintoo Meena. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Shobh Nath Dubey indicted in case crime No. 387 of 2005 under section 8/22 (b) N.D.P.S. Act P.S. Chandwak District Jaunpur 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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