Learned counsel for the applicant files rejoinder affidavit, which is taken on record.
Heard the learned counsel for the applicant and learned A.G.A. for the State as well as perused the documents available on the record.
The accused-applicant Babloo @ Raju is involved and detained in Case Crime No. 931 of 2009, under Sections 8/21 of N.D.P.S. Act, from Police Station Zaidpur, District Barabanki and he has applied for bail.
The submission of the learned counsel for the accused applicant is that the accused applicant is said to have been found in possession of 350 grams of morphine. The sample taken by the Recovery Officer from the morphine recovered from the possession of the accused applicant was sent to the Forensic Science Laboratory, Mahanagar, Lucknow for chemical analysis. The Chemical Analyst after chemical analysis found the actual contents of heroin as 5.1%. In this way, the actual quantity of heroin found in the morphine recovered from the possession of accused applicant was 17.85 grams which is below commercial quantity. Therefore, accused applicant deserves to be released on bail in view of the law laid down by Hon'ble Apex Court in the case of E. Michael Raj Vs. Intelligence Officer, Narcotic Control Bureau, reported in 2008 (61) ACC 660.
Learned A.G.A. opposed the bail application.
Considered the submissions of the learned counsel for the accused applicant and the learned A.G.A.
Since the actual quantity of heroin found in the morphine recovered from the possession of accused applicant was 17.85 grams which is below commercial quantity, therefore, keeping in view the totality of the facts and circumstances of the case, without expressing any opinion on the merit of the case, the accused applicant may be released on bail.
Let applicant Babloo @ Raju be released on bail in the 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.
29.06.2010 Sanjay/-