CRIMINAL MISC. BAIL APPLICATION No. 31314 of 2024 at Allahabad

Neutral Citation No. - 2025:AHC:32669 Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31314 of 2024 Applicant :- Raju Saini Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Ashutosh Srivastava,J. 1. Heard Sri Virendra Kumar, learned counsel for the applicant, Sri Umesh Kumar Singh, learned State Law Officer for the State and perused the record. 2. A recovery of 10.5 kg of doda powder is alleged by the prosecution to have been recovered from the applicant from a public place. The quantity of the alleged substance recovered is below the commercial quantity. The applicant is in jail since 25.08.2023. The alleged recovery is made on 25.08.2023. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated. There is no independent witness of the alleged recovery. The alleged recovery has not been made in accordance with law. The recovery (including search and seizure) is in violation of the N.D.P.S Act and Criminal Procedure Code. The said search and seizure has not been made by person authorised or empowered under law. The applicant cannot be permitted to remain in jail as a pun