Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the the applicant and learned AGA. Learned counsel for the applicant contended that 110 grams of smack is alleged to have been recovered from the possession of the applicant which is below the commercial quantity.
It has further been submitted that mandatory provisions relating to search stipulated under Section 50 of the N.D.P.S. Act were not observed by the searching officer.
It was next submitted that the applicant has no criminal antecedents and he is in jail since 27.4.2010.
The prayer for bail has been opposed by the learned AGA. Considering the nature of rival submissions made on behalf of the parties and the fact that applicant has no criminal antecedents, this Court is of the view that the applicant is entitled to be enlarged on bail during the pendency of the trial.
Let the applicant Moin @ Jani S/o Manju Khan involved in case crime no. 591 of 2010, under Section 8/20 of N.D.P.S. Act, P.S. Civil Lines, District Ra,[ir, be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
I. The applicant shall record his attendance before the concerned C.J.M., on the 7th day of every month.
II. The applicant shall not tamper with the prosecution evidence. III. The applicant shall co-operate in the early conclusion of the trial and will not seek any unnecessary adjournments.
Order Date :- 15.6.2010 vks