Noor Hasan v. State of U.P

Court No. - 44 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46984 of 2023 Applicant :- Noor Hasan Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A. Hon'ble Pankaj Bhatia,J.

¶1Heard Shri Ajay Singh Sengar, learned counsel holding brief of Shri Prashant Sharma, learned counsel for the applicant, learned AGA and perused the record.

¶2In terms of the FIR, allegedly 500 gms. of Dizapam powder was recovered from the applicant. Counsel for the applicant argues that in terms of the definition of 'commercial quantity' contained in Section 2(viia) of NDPS Act, 500 gms. would not fall within the definition of 'commercial quantity'. The applicant has no criminal antecedent.

¶3Learned AGA has opposed the bail application.

¶4Considering the fact that the alleged recovery is less than the commercial quantity and the applicant has no criminal antecedent, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.

¶5Let the applicant Noor Hasan be released on bail in FIR No.305 of 2023, under Section 22 of NDPS Act, P.S. Hathras Gate, District Hathras on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions:

(a) The applicant shall execute a bond to undertake to attend the hearings;

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

(c) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. Order Date :- 3.11.2023 nishant High Court of Judicature at Allahabad