Court No. - 20 Case :- BAIL No. - 3672 of 2010 Petitioner :- Ran Bahadur Respondent :- State Of U.P. Petitioner Counsel :- Abhishek Ranjan Respondent Counsel :- Govt.Advocate Hon'ble Raj Mani Chauhan,J.
Heard learned counsel for the applicant and learned A.G.A. for the State as
well as perused the record.
The accused Ran Bahadur, S/o Maan Bahadur, R/o Narakot, P.S. Narakot,
District Jumla, Nepal is involved and detained in case crime no. 12/2010
under Section 8/20 of N.D.P.S. Act, from P.S. Rupaidiha, District Bahraich
and he has applied for bail.
The submission of learned counsel for the applicant is that as per prosecution
case, S.I., G.D. (SSB), Sri Kanauj Kant Das, SSB, Check Post, Rupaidiha
along with his colleagues on 9.1.2010 at about 10 A.M. intercepted the
accused who was found having charas and was going from Nepal to Bombay
for selling the same. On search, 1 Kg. charas was recovered from his
possession. Learned counsel contends that from a perusal of recovery memo it
does not appear that the Recovering Officer was empowered to search the
accused for having contra band drugs under the N.D.P.S. Act under any
Government Order. Learned counsel further contends that the accused is said
to have been arrested on 9.1.2010 at 10 A.M. while the First Information
Report on the basis of recovery memo was registered at 18:30 P.M. which is
highly delayed. The prosecution case has not explained the cause of such
delay which shows the manipulation of recovery memo. Learned counsel
further contends that in this case the Recovering Officer has not observed the
mandatory provision under Section 50 of the N.D.P.S. Act. The entire
recovery proceeding is, therefore, illegal and cannot be formed basis for
conviction of the accused. The recovered charas is below commercial quantity
too. The accused, therefore, deserves to be released on bail.
Learned A.G.A. opposed the bail application.
Considered the submissions of learned counsel for the applicant and learned
A.G.A. for the State. Keeping in view the submission of learned counsel for
the applicant as well as the fact that recovered quantity of charas was below
the commercial quantity, therefore, without expressing any opinion on the
merit of the case, the accused applicant may be released on bail.
Let the applicant Ran Bahadur be released on bail in the aforesaid case crime
number on his furnishing a personal bond of two sureties each in the like
amount to the satisfaction of the court concerned.
Order Date :- 29.6.2010
Santosh/-