In a bail application under the NDPS Act, the High Court granted bail to the applicant despite the severity of the charge, noting the recovery was below commercial quantity and finding it a fit case for interim bail without commenting on merits.
Released on bail with a personal bond and two sureties of like amount.
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. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2465 of 2018
Applicant :- Hazi D.C. @ Nadeem Opposite Party :- State Of U.P. Counsel for Applicant :- Preetam Yadav Counsel for Opposite Party :- Government Advocate
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
As per prosecution version, on 18.12.2017 at 1:50 A.M. applicant was arrested by police and 500 gm. Charas has been recovered from his possession.
Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case. The recovery of 500 gm. Charas has been falsely planted on the applicant which is much below the commercial quantity. There is no independent witness of the alleged recovery. The applicant has no criminal history. The applicant undertakes that he will not make misuse the liberty of bail. The applicant is in custody since 18.12.2017.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel and perusal of record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Hazi D.C. @ Nadeem be released on bail in Case Crime No. 928/2017, under Section 8/20 Narcotic Drugs and Psychotropic Substances Act 1985, Police Station Rasulpur, District Firozabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned.
Order Date :- 24.1.2018 Sharad/-
1 issue framed by the court
Whether the applicant is a fit case for bail pending trial in a narcotics charge involving possession of Charas.
1 provisions across 1 enactments
Hazi D.C. @ Nadeem
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
