In a criminal bail application, the High Court allowed bail to the applicant charged under the NDPS Act for possession of charas, noting non-compliance with Section 50 and lack of independent prosecution witnesses.
Applicant released on bail on furnishing a personal bond and two sureties each to the satisfaction of the court concerned.
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. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34939 of 2018 Applicant :- Meharban Opposite Party :- State Of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against the applicant alleging that on 14.8.2018, he was arrested by the police with 450 grams charas .
It is 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 14.8.2018 (more than one month) having no criminal history 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 no criminal history.
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 Meharban involved in Case Crime No. 568 of 2018, under Section 18/20 NDPS Act, Police Station Civil Lines, District - Muzaffar Nagar 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 :- 17.9.2018//A. Singh
2 issues framed by the court
Whether bail should be granted to the accused charged with Section 18/20 NDPS Act who is detained without following Section 50 procedures.
Whether the applicant has made out a prima facie case for bail despite the severity of the NDPS charge.
2 provisions across 1 enactments
Meharban
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
