Allahabad High Court
Abdul Rajjak vs The State Of U.P. on 28 July, 2010
Court No. - 28 Case :- BAIL No. - 5570 of 2010 Petitioner :- Abdul Rajjak Respondent :- The State Of U.P. Petitioner Counsel :- A.P. Mishra Respondent Counsel :- Govt.Advocate Hon'ble Shri Kant Tripathi,J.
The present bail application has been filed by the applicant Abdul Rajjak in case crime no.116 of 2010 under sections 8/21/9A/25A of the Narcotic Drugs and Psychotropic Substances Act, police station Satrikh, district Barabanki.
Heard Mr. A.P. Mishra for the applicant, the learned AGA for the State and perused the record.
The learned counsel for the applicant submitted that according to the recovery memo, 500 grams of Crude Morphine and 28 Kgs. of Acetic N-hydride was recovered from the possession of the applicant. Co-accused Shatrohan and Giriraj Gautam have already been enlarged on bail. It was next submitted that Crude Morphine is not Morphine. If Crude Morphine is converted into Morphine, only 24% of the Crude Morphine would become actual Morphine, therefore, the recovered quantity of 500 grams Crude Morphine could not be more than 141 grams of Morphine and as such the recovered Crude Morphine was not of the commercial quantity. It was next submitted that no public witness was called at the time of recovery.
The learned AGA, on the other hand, submitted that Crude Morphine of 500 grams was meant to manufacture Heroin with the help of recovered Acetic N- hydride. In fact the recovered Crude Morphine was Morphine and if it is used for the purpose of preparing Heroin, it is called as Crude Morphine. It was next submitted that Crude Morphine is meant for preparing Heroin. It was next submitted that there was no reason for falsely implicating the applicant.
Keeping in view the facts and circumstances of the case, gravity of the crime, complicity of the applicant and the nature of evidence, I do not consider it proper to release the applicant on bail.
The bail application is, therefore, rejected.
Order Date :- 28.7.2010 RKSh