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Rajendra v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 15562 of 2006 [2006] RD-AH 13422 (11 August 2006)


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

This is an application for bail moved on behalf of the applicant Rajendra involved in case Crime No. 390 of 2006 under section 8/20 of NDPS Act, Police station New Agra, district Agra.

Heard Sri Rajesh Kumar Srivastava, learned counsel for the applicant, learned AGA and have perused the record.

The learned counsel for the applicant submitted that recovery of 235 gram charas is said to have been recovered from the possession of the applicant. The learned counsel urged that compliance of sections 42, 50 and 57 of NDPS Act was not observed by the searching officer.

The learned AGA argued that recovery of charas more than small quantity was 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 has been mentioned as about 235 gram in the recovery memo. The recovered charas was not weighed on the scale and quantity of recovered charas is less than the commercial quantity. There is no criminal history of the applicant. In view of these facts, I consider it to be a fit case for bail.

Let the applicant Rajendra involved in case Crime No. 390 of 2006 under section 8/20 of NDPS Act, Police station New Agra, district Agra, 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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