High Court of Judicature at Allahabad
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Mohan Singh v. State Of U.P. - CRIMINAL MISC. BAIL APPLICATION No. 22744 of 2006  RD-AH 18554 (2 November 2006)
Hon'ble (Mrs.) Saroj Bala, J.
This is an application for bail moved on behalf of the applicant Mohan Singh involved in case Crime No. 154 of 2006, under section 15 of N.D.P.S. Act, Police station Nai Ki Mandit, district Agra.
Heard Sri Raghubir Singh, learned counsel for the applicant, learned AGA and have perused the record.
The learned counsel for the applicant submitted that quantity of recovered poppy straw is less than the commercial quantity and there are no public witnesses to the recovery. The learned counsel urged that compliance of mandatory provisions of NDPS Act was not made by the searching officer.
The learned AGA submitted that recovery of poppy straw 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 poppy straw has been shown as about 5 Kg. The recovered poppy straw was not weighed on scales. The quantity of recovered poppy straw is less than the commercial quantity. In view of these facts, I consider it to be a fit case for bail.
Let the applicant Mohan Singh involved in case Crime No. 154 of 2006, under section 15 of N.D.P.S. Act, Police station Nai Ki Mandit, district Agra, 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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