Mukhtar v. State of U.P.
Case brief
What is this about?
Court entertained bail application under NDPS Act. While noting prima facie satisfaction of charge, court granted bail on bond with strict conditions regarding appearance and prevention of abuse of liberty.
What did the court decide?
Mukhtar released on bail on producing personal bond and two sureties each in like amount, subject to specified conditions including appearance at trial stages and prohibition on abuse of liberty.
What the court decided
Court No. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3906 of 2019
Applicant :- Mukhtar Opposite Party :- State Of U.P. Counsel for Applicant :- Rajeev Kumar Rai Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. There is violation of certain provisions of the N.D.P.S. Act. Section-18 of N.D.P.S. Act is applicable only in cases of opium, whereas, it is mandatory that the applicant should have been produced before the Magistrate or a Gazetted Officer and search in his presence be carried out. Apart, from that there is specific violation of Sections - 42, 51 and 57 of the N.D.P.S Act. The applicant has no criminal history and is languishing in jail since 25.10.2018.
Once a tip off was received, then it was expected that the relevant provisions of the N.D.P.S. Act would be followed.
Learned AGA has vehemently opposed the prayer for bail.
Keeping in view the quantity of recovered contraband, nature of 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, prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, and without expressing any opinion on the merits of the case, I find it to be a case of bail.
Issues for consideration
2 issues framed by the court
Whether bail is sustainable in a case under Sections 18/21 of the NDPS Act given the quantity of recovered contraband and nature of offence.
Whether false implication and violation of procedural protections under the N.D.P.S. Act warrants bail relief.
Parties & counsel
- applicant
Mukhtar
Coram
Arvind Kumar Mishra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- BAIL/3906/2019
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