Sonu v. State of U.P.
Case brief
What is this about?
Criminal Miscellaneous Bail Application rejected at the stage by Additional Sessions Judge, Court No. 16, Pilibhit. The applicant claimed innocence and lack of owner misconduct but the court found it not a fit case for bail.
What did the court decide?
Bail application rejected.
What the court decided
Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20406 of 2018
Applicant :- Sonu Opposite Party :- State Of U.P. Counsel for Applicant :- Raja Ullah Khan Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and learned AGA for the State.
The applicant seeks bail in Case Crime No.95 of 2018, under Sections 18C, 27, 18A, 28 Drugs and Cosmetic Act, 1940 and 419, 420 IPC, Police Station Pooranpur, District Pilibhit.
Applicant claims his innocence on several counts and he has elaborated various reasons in the accompanying affidavit. He claims that he is not the owner of the registered medical store in question and the medical store in question is still running by someone else. He added that applicant was patient of viral fever and treatment was going on and at the time of alleged raid, he was present on the shop for taking medicine. He further submitted that there is no independent witness of alleged arrest. He further added that the raiding party without giving opportunity to the applicant and without knowing the real fact and document with the concerned shop lodged the FIR. The Investigating Officer recorded the statements only of the concerned Government Officer. He further submitted that neither the concerned Investigating Officer nor Drug Inspector made investigation regrading the real owner of the concerned Medical store. Under Notification No. N- 1193 VII- Nyay- 2-2011- 38G/2010 Lucknow dated 05.08.2011 has been constituted the special court in the case of Drugs and Cosmetic Act, 2008 (Act
Issues for consideration
2 issues framed by the court
Whether the applicant is eligible for bail in a case involving offences under the Drugs and Cosmetic Act and IPC.
Whether the special court constituted under Notification No. N-1193 is competent to entertain the bail application.
Parties & counsel
- applicant
Sonu
Coram
Arvind Kumar Mishra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · May
- Registered
- Case no.
- BAIL/20406/2018
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