SANAUWAR ALAM Vs. STATE

JUDGEMENT

(1.) Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicant, learned A.G.A.for the State of U.P.

(2.) The weighing of the recovered contraband was also not proper, in fact, the weight of the recovered item was not of one Kg. 100 Grams because according to the report of the Public Analyst, 88 grams charas was received for the purpose of Analysis, whereas 100 grams charas was sent for analysis purpose. It also shows that in the same ratio, the weight of the recovered contraband was less than one Kg. The applicant was not having any criminal antecedent, prior to involvement of the applicant in the present case,in such a circumstance, the applicant may be released on bail.

(3.) Considering the facts, circumstances of the case, submission made by learned counsel for the applicant and learned A.G.A. it appears that according to the prosecution version, the recovery of one Kg. 100 grams charas has been made from the possession of the applicant, 100 Grams charas was sent to the Public analyst, but according to the report of Public Analyst, its weight was 88 Grams, in such a ratio, the recovered contraband was having the weight of 968 Grams, it was below the commercial quantity and the recovery memo has not been signed by any public witness and without expressing any opinion on the merits of the case, the applicant is entitled for bail.