- (1.) R. K. Rastogi, J. Applicant, Saleem has applied for bail in this case crime No. 240 of 2006 under Sections 18/20 of the Narcotic Drugs and Psychotropic Substances Act (the NDPS Act), of police station Civil Lines district Aligarh.
(2.) THE prosecution case is that on 19-6-2006 at 7 p. m. 225 Grams of Charas was recovered from possession of the accused applicant and he was challaned under Sections 18/20 of the NDPS Act. The applicant has alleged that he is innocent and has been falsely implicated in this case. I have heard learned Counsel for the applicant and learned A. G. A. for the State.
(3.) THE learned Counsel for the applicant has submitted that in the case of Charas possession of 225 Grams of Charas is not considered to be its possession for commercial purposes as provided under the NDPS Act, as possession of one kilogram or more of Charas has been considered to be the possession for the commercial purposes under the said Act. He further submitted that the applicant has alleged in para 19 of the affidavit filed in support of the bail application that he is not a previous convict and this fact has not been denied in the report received from the side of the prosecution. He further submitted that under these circumstances there is no likelihood of engagement of the applicant in similar activity in future and so he should be bailed out. Without expressing any opinion on the merits of the case but taking into consideration the facts and circumstances pointed out above, I am of the view that the applicant deserves to be bailed out.;