Vijay Kumar Verma, J. - (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. I have heard arguments of Shri Rajiv Kumar Mishra, Advocate, appearing for the applicant and AGA for the State at length and perused the entire record carefully. The main submission made by the learned counsel for the applicant in support of the bail application was that compliance of Section 50 NDPS Act was not made in present case by the arresting officer and hence, the applicant is entitled for bail on this ground alone.
(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. It was further submitted by the learned counsel for the applicant that no witness of public was called by the police at the time of alleged search of the applicant and hence, merely on the basis of the statements of police personnel, the applicant can not be detained further in jail. It was also submitted by learned counsel that the applicant is in jail since 06.06.2008 and hence, on the ground of long detention period in jail also, the applicant deserves bail.;