IFETEKHAR Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD , the learned Counsel for the applicant, the learned AGA for the State and perused the record. The present bail application has been moved by the applicant Iftekhar in Case Crime No. 322 of 2010, under sections 18/20, N.D.P.S. Act, P.S. Mirjapur, District Shahjahanpur, with a prayer that he may be admitted to bail.

(2.) IT is contended by the learned Counsel for the applicant, that the appli­cant is said to have been found in posses­sion of 200 gms. of opium, of which no compliance of the mandatory provisions of the said Act has been done at the time of alleged recovery, there is no independent witness of the alleged recovery and the ap­plicant has been falsely implicated in the case. The applicant is in jail since 13.6.2010, and in case he is enlarged on bail, he will not misuse the liberty of bail.

(3.) IN defiance of the above conditions, the prosecution would be at liberty to move application for cancellation of bail. Bail Granted.