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2023 Supreme(Online)(ALL) 10358

ALLAHABAD HIGH COURT
PRASHANT KUMAR – Appellant
Versus
State – Respondent


Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57311

of 2022

Applicant :- Prashant Kumar

Opposite Party :- State of U.P.

Counsel for Applicant :- Mohd. Khalil,Lal Babu Lal

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

Heard Sri Mohd. Khalil, learned counsel for the applicant and

Dr. S.B. Maurya, learned AGA-I for the State.

The instant bail application has been filed seeking release of the

applicant on bail in Case Crime No. 1456 of 2022, under

Sections 8/21 N.D.P.S. Act, Police Station Sahibabad, District

Ghaziabad during pendency of the trial.

According to the prosecution case, 110 gm. Alprazolam powder

was recovered from the possession of applicant.

Learned counsel for the applicant submitted that applicant is

innocent and he has falsely been implicated in the present

matter and nothing incriminating has been recovered from the

possession of applicant. He further submitted that although up

to 100 gm. it will not be treated as commercial quantity and it is

alleged that only 10 gm. more i.e. 110 gm. Alprazolam powder

was recovered, therefore, it cannot be ruled out at this stage that

alleged contraband is more than 100 gm. He further submitted

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