In this criminal miscellaneous bail application, the Court allowed the prayer for bail of Suraj Das accused under the NDPS Act and IPC sections. It acknowledged recovery of ganja but permitted release due to lack of criminal history and prima facie case concerns.
Applicant released on bail upon executing personal bond and furnishing two sureties.
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. - 44
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4949 of 2019
Applicant :- Suraj Das Opposite Party :- State Of U.P. Counsel for Applicant :- Anand Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, the recovery made is in violation of Section 42 and 50 of N.D.P.S. Act. No contraband was ever possessed by the applicant. The police has falsely planted the recovery. The recovery is joint one. Even assuming it to be; quantity of contraband so recovered is lesser than the commercial quantity. The applicant does not bear criminal history to his credit and is languishing in jail since 20.12.2018 in the present case.
The learned A.G.A. has vehemently opposed the prayer for bail of the applicant and contended that 32.810 kg. contraband narcotic (ganja) was recovered from the possession of the applicant.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Suraj Das- involved in case crime no.162 of 2018, under Sections 8/20 N.D.P.S. Act and under Sections 419, 420, 467, 468, 471, Police Station Bansdih Road, district Ballia be
released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Date :- 5.2.2019
Raj
3 issues framed by the court
Whether bail should be granted in a case involving recovery of narcotic substance and allegations of planting.
Whether the quantity of recovered ganja constitutes a commercial quantity attracting severe punishment.
Whether the applicant has reasonable apprehension of tampering with witnesses warranting bail.
3 provisions across 2 enactments
Suraj Das
Arvind Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
