Allahabad High Court
Saddam Husain @ Saddoo vs State Of U.P. on 23 June, 2010
Author: Raj Mani Chauhan
Bench: Raj Mani Chauhan
Court No. 20
Criminal Misc. Case No. 4438 (B) of 2010
Saddam Husain @ Saddoo Applicant
Vs
State of U.P Opp. Party
Hon'ble Raj Mani Chauhan, J.
Heard learned counsel for the applicant and learned A.G.A. for the State. The accused-applicant Saddam Husain @ Saddoo is involved and detained in Case Crime No. 984 of 2009, under Sections 2/21 N.D.P.S. Act, from Police Station Zaidpur, District Barabanki.
The submission of learned counsel for the applicant is that as per prosecution case, as many as five accused persons were arrested by the police. Each of them was searched and found in possession of different quantity of Morphine. The accused applicant had been found in possession of 300 grams Morphine. The sample of Morphine recovered from possession of accused was sent to Forensic Science Laboratory. According to the report of Chemical Analyst the Morphine recovered from the possession of accused contained 18.2% actual Morphine. Thus, the total quantity of Morphine will be, therefore, 54.6 grams. Learned counsel for the applicant further submits that in similar case where 500 grams Morphine was recovered from the accused in which on chemical analysis the actual Morphine was 241.5 grams, the accused was ordered to be released on bail on the ground that the actual Morphine recovered from the possession of accused was not of commercial quantity. In this case, actual Morphine found from the possession of accused is 54.6 grams which is not commercial quantity. Learned counsel also argued that all the co-accused have already been ordered to be released on bail. Therefore, accused applicant also deserves to be released on bail.
Learned A.G.A opposed the bail application.
Considered the submissions of the learned counsel for the applicant and the learned Additional Government Advocate. As per chemical examination report, the actual percentage of Morphine found in possession of accused applicant is 18.2%. In this way, the actual quantity of Morphine was 54.6 grams which is not commercial quantity. Keeping in view the facts and circumstances of the case, without expressing any opinion on the merits of the case, accused applicant may be released on bail.
Let applicant Saddam Husain @ Saddoo be released on bail in 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. 23.06.2010 Renu/-