High Court of Judicature at Allahabad
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Kranti Sharma v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 14562 of 2006  RD-AH 14963 (31 August 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Kranti Sharma indicted in case crime No. 161 of 2006 under section 21/22 N.D.P.S. Act P.S. Kidwai Nagar District Kanpur Nagar.
Heard Shri Devendra Kumar holding brief of Shri Sudhir Bharti, 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 9 gm. smack is said to have been made from the possession of the applicant. The learned counsel submitted that applicant has no criminal history. According to learned counsel compliance of provisions of section 42 , 52 and 57 of NDPS Act was not made.
The learned A.G.A. argued that recovery of smack weighing 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 smack has been shown as about 9 gm. in the recovery memo. The contraband seized was not weighed on chemical scale. There is no criminal history of the applicant. The quantity of recovered smack is less than commercial quantity. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Kranti Sharma indicted in case crime No. 161 of 2006 under section 21/22 N.D.P.S. Act P.S. Kidwai Nagar 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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