This is a bail application where the applicant, accused of possessing Diazepam under NDPS Act, was granted bail on bond and sureties without the court expressing an opinion on merits due to lack of material on record.
Released on bail on personal bond and two sureties each, with conditions to not tamper with evidence, cooperate in trial, and avoid future crimes.
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. - 33
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22655 of 2018
Applicant :- Moharpal Opposite Party :- State Of U.P. Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
Learned counsel for the applicant has contended that 190 gram Diazepam tablet is alleged to have been recovered from the possession of the applicant. It is further submitted that since such recovery is not supported by independent witness, possibility of his false implication in the crime cannot be ruled out. It is next contended that in the present case the prosecution has failed to follow strictly the provisions of Section 50 of the N.D.P.S. Act. There is no report of chemical analyst. It is also argued that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. The applicant who is in jail since 20.05.2018, deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity.
Without expressing any opinion on the merits, let the applicant Moharpal involved in Case Crime No. 318 of 2018, under Section 18/22 N.D.P.S. Act, Police Station Khair, District Aligarh be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.6.2018 SS
3 issues framed by the court
Whether the applicant is entitled to bail on furnishing a personal bond and sureties.
Whether the pre-trial proceedings in N.D.P.S. cases strictly adhere to Section 50 requirements.
Whether the recovery of seized drugs without independent witness vitiates the prosecution case.
1 provisions across 1 enactments
Moharpal
State Of U.P.
Siddharth
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
