CRIMINAL MISC. BAIL APPLICATION No. 42147 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:9262 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42147 of 2024 Applicant :- Shadab Khan Opposite Party :- State of U.P. Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. Heard Sri Vikrant Gupta, learned counsel for the applicant, Sri Rajesh Kumar Mishr, learned Additional Government Advocate for the State and perused the record. The present bail application has been filed by accused- applicant- Shadab Khan seeking bail in Case Crime No.158 of 2024 under Section 8/21 NDPS Act, Police Station-Kemri, District- Rampur. In the prosecution case it is alleged that during police checking, the police arrested the applicant. From the personal search of the applicant, 99 gm smack is alleged to have been recovered from the possession of the applicant. The recovery has been made in front of the Gazetted Officer. Learned counsel for the applicant submits that the recovered quantity of contraband is 'below commercial quantity' as provided in the Schedule appended with the NDPS Act and therefore, the stringent conditions as contained in Section 37 of the N.D.P.S. Act are not attracted in this ca