High Court of Judicature at Allahabad
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Vinay Vikram Pal v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 17210 of 2006  RD-AH 14353 (24 August 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Vinay Vikram Pal indicted in case crime No. 1099 of 2006 under sections 8/20 N.D.P.S. Act P.S. Subhash Nagar, District Bareilly.
Heard Shri S.K. Pandey , learned counsel for the applicant, learned A.G.A. and have perused the record.
The learned counsel for the applicant submitted that recovery of about 500 gm. Charas is said to have been made from the possession of the applicant. According to learned counsel compliance of mandatory provisions of N.D.P.S. Act was not made by the searching official and there are no public witnesses to the recovery. The learned counsel submitted that there is no criminal history of the applicant.
The learned A.G.A. 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 as disclosed in the recovery memo is about 500 gm. The recovered Charas was not weighed on scale. The quantity of recovered Charas is less than commercial quantity. There are no public witnesses to the recovery. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Vinay Vikram Pal indicted in case crime No. 1099 of 2006 under sections 8/20 N.D.P.S. Act P.S. Subhash Nagar, 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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