MOHAMMD SARTAJ versus STATE OF U.P.

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Mohammd Sartaj v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 19231 of 2006 [2006] RD-AH 16135 (15 September 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

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

This is an  application for bail moved on behalf of the applicant Mohammad Sartaj    indicted in case crime No. 977   of  2006  under sections  8/22 of N.D.P.S. Act P.S. Moghalpure   District Moradabad. .

Heard Shri Piyush Gupta, learned counsel for the applicant, learned A.G.A.  and have perused the record.

The learned counsel for the applicant submitted that the recovery of  62 gm. Smack is said to have been made from the possession of the applicant. The learned counsel urged that compliance of  mandatory  provisions of N.D.P.S. Act was not made. There are no public witnesses to the recovery. The learned counsel submitted that there is no criminal history against the applicant.

The learned A.G.A. contended that the recovery of Smack more than small quantity was made from the possession of the applicant. According to the learned counsel the applicant is involved in drug trafficking and was found selling the contraband.

I have taken into consideration the submissions advanced on behalf of both the parties.

The quantity of recovered Smack is less than commercial quantity. There is no criminal antecedents of the applicant. In view of these facts, I consider it to be a fit case for bail.  

Let the applicant Mohammad Sartaj    indicted in case crime No. 977   of  2006  under sections  8/22 of N.D.P.S. Act P.S. Moghalpure   District Moradabad, be enlarged on bail on furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.

Aks/19231/06

15.9.2006.  

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