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Sayeed Khan v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 20992 of 2005 [2006] RD-AH 11068 (6 July 2006)


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Hon'ble (Mrs.) Saroj Bala,J.

This is an  application for bail moved on behalf of the applicant Sayeed Khan   indicted in case crime No. 813  of 2005 under section 8/20 N.D.P.S.   P.S. Cantt.  District Bareilly .

Heard Dr. Arun Srivastava, learned counsel for the applicant, learned A.G.A.  and have perused the record.

The applicant is said to have been found in possession of 1.250 Kg. Charas.

The learned counsel for the applicant submitted that compliance of  provisions of  section 42 and  50 of N.D.P.S. was not made by the  searching official. The learned counsel urged that weight of recovered charas has not been mentioned after weighment. The learned  counsel argued that weight of recovered charas has been mentioned in the recovery memo on the basis of  the statement of the applicant. The learned counsel pointed out that according to recovery memo the sample of about 50 gram charas was drawn whereas according to chemical examination report the quantity of the sample was about 40 gram including the polythine bag.

The learned A.G.A. argued that recovery of charas more than the commercial quantity was  made from the possession of the applicant.

I have taken into consideration the submissions advanced on behalf of both the parties.

There are no public witnesses of search and seizure. The quantity of recovered charas was not mentioned in the recovery memo after weighment. The sample is said to have been drawn of about 50 gram charas but it was found  40 gram by the chemical analyst. There is no criminal antecedents of the applicant.  In view of these facts, I consider it to be a fit case for bail.  

Let the applicant Sayeed Khan   indicted in case crime No.813  of 2005 under section 8/20 N.D.P.S.   P.S. Cantt.  District Bareilly, 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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