Court No. - 28 Case :- BAIL No. - 5287 of 2010 Petitioner :- Asgar Ali Respondent :- State Of U.P. Petitioner Counsel :- Ram Janak Yadav,Ambrish Kr. Pandey Respondent Counsel :- Govt. Advocate Hon'ble Shri Kant Tripathi,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard the learned counsel for the applicant and the learned AGA and perused
the record.
The applicant Asgar Ali has filed this bail application in case crime no. 149 of
2010 under sections 8/18/21 of the Narcotic Drugs and Psychotropic
Substances Act, 1985, P.S. GRP Charbag, Lucknow.
The learned counsel for the applicant submitted that the instant recovery has
been planted by the police to falsely implicate the applicant. It was also
submitted that it is not clear as to whether the recovered article was Marfin or
Heroine.
The learned AGA on the other hand submitted that Marfin and Heroine are
same thing and the applicant was found in possession of 300 Gms. of Marfin
which was of the commercial quantity.
Keeping in view the facts and circumstances of the case, I do not consider it
proper to enlarge the applicant on bail, therefore, the bail prayer of the
applicant is rejected.
Order Date :- 16.7.2010
MTA