Dismissed

Parman Bisht v. Narcotic Control Bureau

Allahabad HC2 Jul 2018BAIL/15800/2018

Case brief

AI extract

What is this about?

In a bail application under the NDPS Act involving possession of Zolpidem tablets, the High Court rejected the bail plea. The court noted the applicant's role in procuring drugs based on co-accused statements, deemed it a grievous offense, and held it unfit for bail, directing an expeditious trial.

What did the court decide?

Bail application rejected; case directed for expeditious trial under Section 309 Cr.P.C.

Parman Bisht Vs Narcotic Control Bureau — Narcotics (NDPS) | Allahabad HC (2018)

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Court No. - 41

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15800 of 2018

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Applicant :- Parman Bisht Opposite Party :- Narcotic Control Bureau Counsel for Applicant :- Madan Lal Rai Counsel for Opposite Party :- Sanjay Kumar Singh

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant and learned AGA for the State and perused the record.

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According to prosecution case, co-accused Praveen Kumar Rana was intercepted alongwith 5025 tablets of Zolpidem. Thereafter in the statement of co-accused Praveen Kumar Rana name of this accused Parman Bisht was surfaced alleging that he is also indulged in crime and recovered material was supplied by accused/applicant Parman Bisht. On the statement of applicant/accused Parman Bisht, the name of co-accused Ram Chandra Singh was surfaced and on the pointing out of Ram Chandra Singh 49500 tablets of Zolpidem was recovered.

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Learned counsel for the applicant has submitted that he is languishing in jail since 16.3.2018 (more than three and half month) having no criminal history and he has been falsely implicated. No recovery was made on the pointing out of the accused and if he is enlarged on bail he will not misuse the liberty of bail.

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Learned counsel for the applicant has placed reliance in the case of Francis Stanly @ Stalin vs. Intelligence Officer, Narcotic Control Bureau, Thiruvananthapuram, 2006(13) SCC 210 and has submitted that other evidence has also been considered by the Court.

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Learned A.G.A and Sri Sanjay Kumar Singh, Advocate, learned counsel appearing for the Narcotic Control Bureau from the side of the complainant have opposed the prayer for bail.

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Sri Sanjay Kumar Singh, learned counsel appearing for the complainant has submitted that recovered material from the possession of Praveen Kumar Rana was supplied by this accused and on the statement of this accused name of Ram Chandra Singh was surfaced and huge number of tablets were recovered from the possession of Ram Chandra Singh. Role of this accused is grievous in nature. Heavy recovery was made. According to Section 67 of N.D.P.S Act, statement of co-accused is admissible in evidence.

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Learned counsel for the complainant has placed reliance in the case of Ram Singh vs. Central Bureau of Narcotics, 2011(3) SCC, 18 and it was held that the statement of co-accused will be admissible in the cases of N.D.P.S. Act and Section 25 of Cr.P.C. will not hit Section 25 of the Evidence Act.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of

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the opinion that it is not a fit case for bail. Hence the bail application of applicant Parman Bisht involved in Case/Crime No.VIII/7/DZU/2018, under Section 22/29 N.D.P.S. Act, Police Station N.C.B Delhi, District Ghaziabad, is hereby rejected .

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Trial below is directed to decide this case under Section 309 Cr.P.C., expeditiously.

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Order Date :- 2.7.2018 SKD

Parman Bisht v. Narcotic Control Bureau

Case brief

What is this about?

What did the court decide?

Parman Bisht v. Narcotic Control Bureau

Case brief

What is this about?

What did the court decide?

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