Uttarakhand High Court
BA1/1332/2002 of FIROJ Vs STATE on 20 December 2002
COURT OF UTTARANCHAL AT NAINITAL Original Jurisdiction Dated: Nainital the 20th day of December, 2002 Criminal Misc. Bail Application Number 1332 of 2002 Order on the Bail Application CRIMINAL SIDE Firoz son of Mohd. Rafiq, resident of Mohalla Thana Sabik, P.S. Kashipur, District Udham Singh
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IN THE HIGH COURT OF UTTARANCHAL AT NAINITAL
Original Jurisdiction
Dated: Nainital the 20th day of December, 2002
Criminal Misc. Bail Application Number 1332 of 2002
CRIMINAL SIDE
Order on the Bail Application
Firoz son of Mohd. Rafiq, resident of Mohalla Thana Sabik, P.S. Kashipur, District Udham Singh Nagar
…………………..Applicant(s)
Versus
State of Uttaranchal. ……………….. Opposite Party _________________________________________________________________________ Arising out of- Case crime no. 1435 of 2002, Under section 18/20 of N.D.P.S. Act, P.S. Kashipur, District Udham Singh Nagar _________________________________________________________________________
By the Court
Hon’ble Irshad Hussain, J.
Heard the learned counsel for the applicant and the learned A.G.A.
Heard learned counsel for the applicant and the learned A.G.A.
Applicant-accused was found in possession of 15 kg. of poppy husk which is less than the commercial quantity. Perused the copy of the memo. of recovery.
Considering the quantity and no previous conviction and the facts and circumstances of the case, there are reasonable grounds to accept at this stage the argument that the applicant has not committed the offence and there is no likelihood of his engaging himself in similar activity, if released on bail. In my opinion it is a fit case for bail.
Let the applicant Firoz son of Mohd. Rafiq, resident of Mohalla Thana Sabik, P.S. Kashipur, District Udham Singh Nagar be released on bail incase crime no. 1435 of 2002, under section 18/20 of N.D.P.S. Act, P.S. Kashipur, District Udham Singh Nagar on his filing a personal bond and adequate sureties to the satisfaction of Special Judge, Udham Singh Nagar.
20.12.02./B.
(Irshad Hussain, J.)