LAWS(ALL)-2005-10-137

AMIR AHMAD Vs. STATE OF U P

Decided On October 04, 2005
AMIR AHMAD Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) RAVINDRA Singh, J. Heard Sri D. R. Kushwaha and Sri Vivek Prakash Mishra learned Counsel for the applicant and learned AGA.

(2.) THIS application is filed by the applicant Amir Ahmad with a prayer that he may be released on bail in case crime No. 376 of 2004, under Sections 8 (c), 18/20/23 N. D. P. S. Act, P. S. Shahjad Nagar District Rampur.

(3.) IT is contended by the learned Counsel for the applicant that in the present case there is no public witness to support the prosecution story and there is no compliance of Section 50 of the N. D. P. S. Act and without weighing the alleged recovered contraband article, its weight was mentioned in the F. I. R. The weight has been mentioned only on the basis of the self- assessment or presumption.