Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28176 of 2019 Applicant :- Grish Chandra Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Prasad Kanaujiya Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 84 of 2019, under Section 8/20 N.D.P.S. Act, P.S. Shivrajpur, District Kanpur Nagar with the prayer to enlarge the applicant on bail.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in this case and he has not committed the offence in question; that the provisions of Section 42 and 50 of N.D.P.S. Act, has not been complied with. It has been lastly argued that that the applicant is in judicial custody since 19.04.2019, having no criminal history.
Learned A.G.A. has opposed the prayer for bail and argued that recovery of 1kg Charas has been made from the applicant, which falls under the category of commercial quantity.
As per prosecution version, on 17.04.2019, while the police officials were checking vehicles, applicant-accused tried to run away by motorcycle and when he was apprehended, 1 kg charas was recovered from him and 500 gram charas was recovered from his companion Mohit. So far as the question of compliance of Section 50 NDPS Act is concerned, it was stated by learned A.G.A. that recovery has been made in sudden checking of vehicles.
Considering the submissions of learned counsel for the parties, quantity of recovered contraband and all the attending facts and circumstances of the case, without expressing any opinion on merits of the case, at this stage, prima facie, no case for bail has been made out.
Accordingly, the present bail application is rejected. Order Date :- 31.7.2019 A. Tripathi