Learned A.G.A. files counter 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 Munendra Kumar alias Babloo is involved and detained in Case Crime No. 212 of 2010, under Section 8/21 N.D.P.S. Act, from Police Station Khairabad, District Sitapur 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 18 grams smack which is non commercial quantity. In fact, nothing had been recovered by the police from the possession of the accused applicant. The further submission of the learned counsel for the accused applicant is that no compliance of mandatory provision under Section 50 of the N.D.P.S. Act had been made by the recovering officer. Therefore, accused applicant deserves to be released on bail.
Learned A.G.A. opposed the bail application of the accused applicant.
Considered the submissions of the learned counsel for the accused applicant and the learned A.G.A.
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 Munendra Kumar alias Babloo 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.
21.06.2010 Sanjay/-