Heard learned counsel for the applicant, learned A.G.A. and perused the F.I.R./recovery memo and other relevant papers filed in support of the bail application.
Learned counsel for the applicant submits that, as alleged, 10 gm. of smack was recovered from the possession of the accused-applicant, which is below the commercial quantity. It is further submitted by learned counsel for the applicant that apart from the present case there is only one case registered against the accused-applicant i.e. Case Crime No.760/2008, under Section 380 I.P.C.
Learned counsel for the applicant submits that no case under the N.D.P.S. Act has ever been registered against the accused-applicant prior to this case. The applicant is in jail since 10.11.2009, as averred in para 9 of the bail application.
Considering the overall aspects of the matter and without entering into the merit of the case, I hereby provide that the applicant, Rizwan @ Jubi be released on bail in Case Crime No.2085/2009, under Sections 8/21 N.D.P.S. Act, P.S. Kotwali, District Sitapur, on his filing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned/remand magistrate.
Order Date :- 3.2.2010 Kpy