High Court of Judicature at Allahabad
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Rama Veer Singh Yadav v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 3306 of 2006  RD-AH 11356 (12 July 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Ram Veer Singh Yadav indicted in case crime No. 514 of 2005 under sections 18/20 of N.D.P.S. P.S. Milak District Rampur .
Heard Shri Krishna Kumar Shukla, learned counsel for the applicant, learned A.G.A. and have perused the record.
The recovery of about 3 Kg. opium is said to have been made from the possession of the applicant.
The learned counsel for the applicant submitted that the quantity of morphine in the sample of 100 gm opium was found as 1.6%. According to learned counsel quantity of morphine in the opium seized is less than commercial quantity. According to learned counsel compliance of provisions of section 50 of N.D.P.S. Act was not made by the searching official.
The learned A.G.A. submitted that recovery of opium more than commercial quantity has been made from possession of the applicant. According to the learned counsel there is criminal history of two cases of theft against the applicant.
I have taken into consideration the submissions advanced on behalf of both the parties.
There are no public witnesses to the recovery. The quantity of opium seized has been shown as about 3 kg. The recovered quantity of opium has not been mentioned in the recovery memo after weighment. In the sample of 100 gm opium sent to the forensic science laboratory for analysis 1.6 % morphine has been found. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Ram Veer Singh Yadav indicted in case crime No. 514 of 2005 under sections 18/20 of N.D.P.S. P.S. Milak District Rampur 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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