High Court of Judicature at Allahabad
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Ram Kishore Gupta v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 16135 of 2006  RD-AH 13239 (8 August 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Ram Kishore Gupta indicted in case crime No. 159 of 2006 under sections 18/20 N.D.P.S. Act P.S. Barra District Kanpur nagar.
Heard Shri Amit Saxena, learned counsel for the applicant, learned A.G.A. and have perused the record.
The learned counsel for the applicant submitted that 200 gm. Charas is said to have been recovered from the possession of the applicant. The learned counsel argued that there are no public witnesses to the recovery and compliance of provisions of sections 42, 50 and 57 of N.D.P.S. Act was not made. The learned counsel contended that there is no criminal history of the applicant.
The learned A.G.A. argued that recovery of Charas weighing more than small quantity has been made from the possession of the applicant.
I have taken into consideration the submissions advanced on behalf of both the parties.
The quantity of recovered Charas is less than commercial quantity. There is no criminal history of the applicant. There are no public witnesses to the search and seizure. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Ram Kishore Gupta indicted in case crime No. 159 of 2006 under sections 18/20 N.D.P.S. Act P.S. Barra 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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