HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- U/S 482/378/407 No. - 5166 of 2011 Petitioner :- Smt. Radha Devi Mishra Respondent :- The State Of U.P Petitioner Counsel :- H.S Tiwari Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
Learned counsel for the applicant submitted that the motor-cycle is in the name of applicant who is mother of the co-accused Rahul. Due to certain quarrel with the police co-accused Rahul was implicated showing the recovery of 10 gm smack from his pocket. Since he was going by motor-cycle which is in the name of applicant, hence the motorcycle was also seized, in view of the provision of 60 of N.D.P.S. Act. The release application was rejected showing the recovery of 10 gm smack from his pocket not from the applicant. The applicant has no knowledge regarding possession of smack by the co-accused. The applicant was ready to give appropriate surety for the motorcycle, hence the lower court committed error in rejecting the release application.
Learned A.G.A. prays for and is allowed three weeks' time to file counter affidavit.
List in the week commencing 19.12.2011.
Order Date :- 29.11.2011 RK