Allahabad High Court
Afsaar vs State Of U.P. on 29 June, 2010
Author: Raj Mani Chauhan
Bench: Raj Mani Chauhan
Court No. 20
Criminal Misc. Case No. 4418 (B) of 2010
Afsaar ....Versus..... The State of U.P.
Hon'ble Raj Mani Chauhan, J.
Heard the learned counsel for the applicant and learned A.G.A. for the State as well as perused the documents available on the record.
The accused-applicant Afsaar is involved and detained in Case Crime No. 970 of 2009, under Sections 8/21 N.D.P.S. Act, from Police Station Zaidpur, District Barabanki and he has applied for bail.
The submission of the learned counsel for the accused applicant is that the learned Sessions Judge had disposed of the bail applications of all the four accused, namely, Mohammad Ismaeel, Afsaar (present accused applicant), Gopi Baksor and Saddam Husain alias Saddoo by a common order as all the four bail applications involved common question of law while the date, time and arrest of all the accused and seizer of contraband drugs from the possession of each of the accused were different. Learned Sessions Judge has rejected all the four bail applications. Accused Mohammad Ismaeel is said to have been found in possession of 300 grams of morphine, accused Afsaar (present accused applicant) is said to have been found in possession of 600 grams of morphine, accused Gopi Baksor is said to have been found in possession of 210 grams of morphine and accused Saddam Husain is said to have been found in possession of 300 grams of morphine. The samples taken from the morphine recovered from the possession of accused were sent to the Forensic Science Laboratory, Mahanagar, Lucknow. The Chemical Analyst reported that the samples taken from the morphine recovered from the possession of the accused Mohammad Ismaeel and Saddam Husain were containing 7.6% and 18.2% of actual heroin respectively. The sample taken from the morphine recovered from the possession of the accused applicant was containing 12.1% of actual heroin. In this way, the total quantity of heroin found in possession of accused applicant was 72.60 grams which is below commercial quantity. The co-accused Mohammad Ismaeel and Saddam Husain have already been ordered to be released on bail by another Bench of this Court in view of the fact that the actual contents of heroin found in the morphine recovered from the possession of accused was non commercial quantity. The actual quantity of heroin found in the morphine recovered from the possession of accused applicant is 72.60 grams which is below commercial quantity, therefore, he also deserves to be released on bail in view of the law laid down by Hon'ble Apex Court in the case of E.Michael Raj Vs. Intelligence Officer, Narcotic Control Bureau, reported in 2008 (61) ACC 660.
Learned A.G.A. opposed the bail application.
Considered the submissions of the learned counsel for the accused applicant and the learned A.G.A.
The co-accused Mohammad Ismaeel and Saddam Husain have already been ordered to be released on bail by another Bench of this Court in view of the fact that the actual quantity of heroin found in the morphine recovered from the possession of accused was below commercial limit. Therefore, keeping in view the totality of the facts and circumstances of the case as well as the actual quantity of heroin found in possession of accused applicant, without expressing any opinion on the merit of the case, the accused applicant may also be released on bail.
Let applicant Afsaar be released on bail in the 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.
29.06.2010 Sanjay/-