Nadeem v. State of U.P.
Case brief
What is this about?
The single judge allowed bail to an accused involved in Case Crime No. 233 of 2019 under Sections 21/22 of the N.D.P.S. Act following an allegation of fake recovery and procedural lapses during seizure of diazepam.
What did the court decide?
The applicant Nadeem is released on bail in the aforesaid case crime on furnishing a personal bond and two reliable sureties and filing an undertaking subject to specified conditions.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28140 of 2019
Applicant :- Nadeem Opposite Party :- State Of U.P. Counsel for Applicant :- Akhilesh Srivastava,Saksham Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No.233 of 2019, under Section 21/22 N.D.P.S Act, Police Station Delhigate, District Aligarh, applied for bail.
Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Nothing has been recovered from the possession of the applicant. Alleged recovery is false and fake. It is further submitted that mandatory provision of N.D.P.S. Act has not been complied with at the time of alleged recovery. No public witness was taken at the time of recovery. Applicant is in jail since 9.4.2019. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that applicant has been arrested with the possession of 740 gram diazepam for which he had no valid license.
Issues for consideration
3 issues framed by the court
Whether the accused-applicant deserves bail despite the severity of punishment under the N.D.P.S. Act, considering the alleged fake recovery and compliance issues.
Whether the Trial Court can be directed to expedite the trial within one year upon granting bail.
Whether specific conditions are necessary to grant bail in a narcotics possession case involving diazepam.
Parties & counsel
- applicant
Nadeem
Coram
Rajendra Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/28140/2019
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