In a bail application under the NDPS Act, the Court analyzed the recovery of 500 grams of Charas, noting it was below the commercial quantity threshold. Despite the applicant's criminal history, the Court found a case for bail.
The applicant is released on bail on furnishing a personal bond and two sureties each in like amount, subject to standard conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10074 of 2018
Applicant :- Sakil @ Chota Opposite Party :- State Of U.P. Counsel for Applicant :- Pavan Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today on behalf of the applicant, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, 500 gram Charas was recovered from the present applicant.
Learned counsel for the applicant submitted that the Charas which was recovered from the possession of the applicant is shown as 500 gms which is less than the commercial quantity.
It is further submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case; there is no independent witness to support the prosecution version; the recovery shown by the Police is less than the commercial quantity. Provisions enumerated in the N.D.P.S. Act for search and seizure have not been followed. Provision of Section 50 N.D.P.S. Act has not been complied with. Applicant is languishing in jail since 09.07.2017 (more than three months); having nine cases of criminal history which has been explained and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has nine cases of criminal history which has been explained.
Keeping in view the quantity of recovered contraband, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Sakil @ Chota involved in Case Crime No.647 of 2017, under Section 18/20 NDPS Act, Police Station Kotwali, District - Shamali be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 2.11.2018 SKD
3 issues framed by the court
Whether the applicant is entitled to bail in a case involving the recovery of 500g Charas under the NDPS Act considering the quantity is less than the commercial quantity.
Whether the provisions regarding search, seizure and Section 50 of the NDPS Act were adhered to in the present case.
Whether the applicant has made out a prima facie case for bail given his incarceration duration and prior criminal history.
Sakil @ Chota
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
