Heard learned counsel for the applicant and the learned A.G.A.
It is contended by learned counsel for the applicant that in the present case, 250 grams Charas , which is below the commercial quantity, is alleged to have been recovered from the possession of the applicant. There is no compliance of Section 50 of the N.D.P.S. Act. The prosecution story is not supported by any independent witness. The applicant is not involved in any other case of N.D.P.S. Act. The applicant is in Jail since 26.2.2010.
In view of the facts and circumstances of the case and submissions made by learned counsel for the applicant, and without expressing any opinion on the merits of the case, the applicant is entitled to be released on bail.
Let the applicant Nusharat involved in Case Crime No. 173 of 2010 under section 8/20 N.D.P.S.Act, P.S. Rajjabpur , District J.P. Nagar be released on bail on his furnishing a personal bond and two heavy surety each in the like amount to the satisfaction of the Court concerned with the following conditions:-
(i)The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/ intimidate the prosecution witness.
(iii)The applicant will appear before the trial court on the date fixed.
(iv)The applicant shall report to the police station concerned in the first week of each month to show his good conduct and behavior.
In case of breach of any of the above conditions , the court below shall be at liberty to cancel the bail.
Order Date :- 10.5.2010 IA /Pr