High Court of Judicature at Allahabad
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Deepak Kachhi v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 22829 of 2006  RD-AH 18623 (3 November 2006)
Hon'ble (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicant Deepak Kachhi involved in case Crime No. 102 of 2006, under section 8/22 N.D.P.S. Act, Police station Sheokuti, district Allahabad.
Heard Sri D.S.Tiwari, 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 NDPS Act was not made and there are no public witnesses to the search and seizure. The learned counsel urged that the applicant is not a previous convict.
The learned AGA argued that recovery of Diazepam powder 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 Diazepam powder being less than the commercial quantity, I consider it to be a fit case for bail.
Let the applicant Deepak Kachhi involved in case Crime No. 102 of 2006, under section 8/22 N.D.P.S. Act, Police station Sheokuti, district Allahabad, 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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