High Courts(2008) 03 AHC CK 0076

Prakash Chandra Kesharwani vs State of U.P.

Allahabad High Court · Decided on 20 March 2008

HON’BLE JUDGES
Barkat Ali Zaidi, J
RESULT
Dismissed
CASE NUMBER
Criminal Miscellaneous Bail Application No. 3281 of 2008

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Judgment

5 paragraphs · 159 words

Barkat Ali Zaidi, J.—Heard Sri S.M. Iqbal Hasan, Advocate for the applicant and Sri Mohammad Israil Siddiqui, Addl. Government Advocate for the State.

2.

The accused was found selling Diazapam powder at the doorsteps of his house in Allahabad proper in Mohalla Naibasti and 800 gram Diazapam was recovered from his ''Jhola'' he was holding in his hand, which is morethan commercial quantity, according to the schedule in the ''Act''.

3.

According to the prosecution, he is a regular smack dealer, and two cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 are already pending against him.

4.

This will indicate, that there is imminent possibility of recidivism, if bail is granted. The trial Court in its order for rejection of bail has dialated on the very harmful and injurious consequences of drugs, and, it is, therefore, appropriate that drug dealers should not ordinarily be granted bail, unless, there are some very unusual redeeming features.

5.

Bail rejected.