The High Court granted bail to Smt. Shanno in a case under the NDPS Act involving recovery of ganja and intoxicant powder, emphasizing non-compliance of Section 50 as relevant without overruling its merits.
Release on bail with personal bond of Rs. 2 lacs each to be furnished by two sureties, one being a family member.
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. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27074 of 2018
Applicant :- Smt. Shanno Opposite Party :- State Of U.P. Counsel for Applicant :- Sikandar Khan,Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Sunil Kumar, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that contraband articles i.e. 1 kg. & 225 gm.Ganja and 425 gm. intoxicant powder(Alprazolam)" are said to have been recovered from the possession of the applicant. He further submits that there is no compliance of mandatory provisions of Section 50 of N.D.P.S. Act, hence the recovery is bad in the eyes of law. It has also been submitted that the applicant is a lady and she is languishing in jail since 9.5.2018. It is pointed out by the learned AGA that the applicant has criminal history of 3 cases, to which learned counsel for the applicant submits that she is on bail in all these cases.
Learned A.G.A. opposed the prayer for bail.
Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.
Without expressing any opinion on the merits of the case let the applicant- Smt. Shanno involved in Case Crime No. 512 of 2018, under Section 8- B/22 N.D.P.S. Act, Police Station Kotwali Nagar, District Bulandshahr be released on bail on her furnishing a personal bond with two sureties (Rs. two lacs each) (One should be of a family member) to the satisfaction of court conerend with the following conditions:-
(i) The applicant shall file an undertaking to the effect that she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against her, in accordance with law, under Section 174-A of the Indian Penal
Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 2.1.2019 IA
2 issues framed by the court
Whether the applicant is entitled to bail considering the nature of accusation and supporting evidence.
Whether the preliminary compliance of Section 50 of the N.D.P.S. Act was essential for granting bail.
5 provisions across 3 enactments
Smt. Shanno
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
Parties & counsel
