Learned counsel for the applicant files rejoinder affidavit, which is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State. The accused-applicant Amit Paswan is involved and detained in Case Crime No. 111 of 2010, under Sections 8/21/22 N.D.P.S. Act, from Police Station Charbagh (G.R.P), District Lucknow.
The submission of learned counsel for the applicant is that the accused applicant is said to have been found in possession of 124 grams Diazapam powder which is below the commercial limit as prescribed under the NDPS Act. In fact, nothing had been recovered from the possession of accused applicant. The accused applicant had been challaned under Sections 41/411 I.P.C. too in which he has already been ordered to be released on bail. He, therefore, also deserves to be released on bail in this case. Learned A.G.A opposed the bail application.
Considered the submissions of the learned counsel for the applicant and the learned Additional Government Advocate. Keeping in view the facts and circumstances of the case, without expressing any opinion on the merits of the case, accused applicant may be released on bail. Let applicant Amit Paswan be released on bail in aforesaid case crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 28.6.2010 Renu