AFSAR MASTER Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Sri Avnish Pandey, learned counsel appearing for applicant virtually and learned AGA for the State.

(2.) Applicant-Afsar Master, has approached this Court by way of filing the present Criminal Misc. Bail Application under Section 439 Cr.P.C. after rejection of his Bail Application vide order dated 24.03.2021, passed by Special Judge NDPS Act/ Additional Sessions Judge, Court No. 5, Saharanpur, in Case Crime No.63 of 2021 under Sections 8/15 NDPS Act, Police Station Nanuta, District Saharanpur.

(3.) Learned counsel for the applicant submits that applicant is a hawker who sells clothes by going door to door. He is innocent and has falsely been implicated in the present case. The alleged recovery of Doda straw is of 2 kg. and according to notification small quantity is 1 kg. and commercial quantity is 50 kg. He also contended that there is no compliance of the procedure prescribed under Section 50 of NDPS Act. Lastly, it is submitted that applicant has no criminal history and is languishing in jail since 20.02.2021. In the facts and circumstances possibility of conviction is very less and applicant undertakes not to commit any offence in case bail is granted to him and will cooperate in trial.