High Court of Judicature at Allahabad
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Shishu Pal Kirar Thakur v. State Of U.P - CRIMINAL MISC. BAIL APPLICATION No. 19786 of 2006  RD-AH 16524 (20 September 2006)
Hon'ble (Mrs.) Saroj Bala,J.
This is an application for bail moved on behalf of the applicant Shishu Pal Kirar Thakur indicted in case crime No.58 of 2006 under sections 21/22 N.D.P.S. Act P.S. Madrak District Aligarh. .
Heard Shri Dharmendra Mishra, 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 about 105 gm. intoxicant powder is said to have been made from the possession of the applicant. According to the learned counsel compliance of mandatory provisions of N.D.P.S. Act was not made and there are no public witnesses to the recovery. The learned counsel urged that there is no criminal history of the applicant.
The learned A.G.A. argued that recovery of intoxicant powder 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 intoxicant powder as disclosed in the recovery memo is about 105 gm. The quantity of recovered intoxicant powder is less than commercial quantity, therefore I am inclined to grant bail to the applicant.
Let the applicant Shishu Pal Kirar Thakur indicted in case crime No.58 of 2006 under sections 21/22 N.D.P.S. Act P.S. Madrak District Aligarh, 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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