High Court of Judicature at Allahabad
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Hari Saran Soni v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 15145 of 2006  RD-AH 17148 (4 October 2006)
Hon'ble (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicant Hari Saran Soni involved in case Crime No. 596 of 2006, under section 8/22 of N.D.P.S. Act, Police station Sumerpur, district Hamirpur.
Heard Sri Vijai Bahadur Shivhare, learned counsel for the applicant, learned AGA and have perused the record.
The learned counsel for the applicant submitted that 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. According to the learned counsel the quantity of recovered smack is less than commercial quantity. The learned counsel contended that six cases shown in the criminal history relate to recovery of heroine or smack less than commercial quantity.
The learned AGA argued that there is criminal history of eight cases of different nature including six cases under the NDPS Act and in case of release on bail there is every likelihood of applicant to commit other offences of similar nature.
I have taken into consideration the submissions advanced on behalf of both the parties.
The quantity of recovered smack has been shown as about 10 gram in the recovery memo. 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 Hari Saran Soni involved in case Crime No. 596 of 2006, under section 8/22 of N.D.P.S. Act, Police station Sumerpur, district Hamirpur, 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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