AKRAM Vs. STATE OF U P

JUDGEMENT

(1.) IN this bail application, prayer for bail has been made on behalf of accused applicant Akram, s/o Akhtar Ali, in case Crime No. 728 of 2008, under Section 8/20 NDPS Act, P.S Kavi Nagar, District Ghaziabad.

(2.) ALLIGATIONS made in the FIR lodged on 06.06.2008 at P.S. Kavi Nagar, District Ghaziabad, by SI Sri Ram Bharti, in brief, are that on 06.06.2008 during the course of checking the vehicles and suspected persons by SI Sri Ram Bharti, who was accompanied by other police personnel, the applicant was apprehended on suspicion at about 11.00 a.m. and on his personal search, 250gm. brown sugar was recovered in plastic packet from his hand. Further case of the prosecution is that on examination in Forensic Science Laboratory Agra, the seized contraband was found heroin and its weight was found 240.5 grm.

(3.) NEXT submission made by the learned counsel was that on examination of the alleged seized contraband in Forensic Laboratory Agra, its weight was found 240.5 grm., which is less than commercial quantity, as commercial quantity of heroin is 250 grm as per Sl. No. 56 of the table of NDPS Act.