Rajendra vs State Of U.P.
2016 Latest Caselaw 4364 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 

 
Case :- CRIMINAL APPEAL No. - 2845 of 2016
 

 
Appellant :- Rajendra
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Santosh Kumar Shukla
 
Counsel for Respondent :- G.A.
 
Hon'ble Abhai Kumar, J.

Learned A.G.A for the State has filed counter affidavit today on behalf of State, which is taken on record.

Considered the submissions made by the learned counsel for the appellant.

It is submitted by learned counsel for the accused-applicant that compliance of Section 50 of N.D.P.S has not been made, moreover sample was taken only from one bag, whereas 19 bags weighing 500 grams, which were recovered.

From perusal of trial court judgement it can not be said specifically that compliance of Section 50 of N.D.P.S Act has not been made.

In the statement of P.W 2 it has come that 100 gram of sample was taken, but it has not specifically come that the sample was taken only from one bag.

In the circumstances, original lower court record is required for proper disposal to the bail application.

Summon the original lower court record.

List immediately thereafter.

Order Date :- 19.07.2016.

Vinod.