In bail application under N.D.P.S. Act, Court granted bail citing reformative theory and reasonable apprehension of witness tampering, imposing strict conditions regarding court attendance.
Released on bail on furnishing personal bond and two sureties with strict conditions regarding court attendance and prohibition of adjournments.
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. - 8132 of 2018
Applicant :- Sufi @ Sufiyan Opposite Party :- State Of U.P. Counsel for Applicant :- Amrit Shanker Dubey,Dr. C.P. Upadhyay,Pankaj Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of State, is taken on record.
Heard learned counsel for the applicant and Sri Janeshwar Bankata, learned A.G.A. appearing for the State.
It has been contended by the learned counsel for the applicant that 1 Kg. contraband article, i.e., Alprazolam is 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 the N.D.P.S. Act, hence the recovery is bad in the eyes of law. The applicant has no criminal history with respect to the N.D.P.S. Act. It has also been submitted that the applicant is languishing in jail since 22.09.2017. It is further submitted that the criminal history of the applicant has properly been explained in para 9 to the affidavit filed in support of bail application.
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 Sufi @ Sufiyan involved in Case Crime No. 727 of 2017, under Section 21/22 N.D.P.S. Act, Police Station Govardhan, District Mathura be released on bail on his furnishing a personal bond with two sureties (Rs. Two Lacs each) (One should be of a family member) each in the like amount to the satisfaction of magistrate/court concerned, with the following conditions:-
i) The applicant shall file an undertaking to the effect that he
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 his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him 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 him, 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 him 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 :- 3.1.2019 Arti
3 issues framed by the court
Whether the trial court was justified in granting bail despite the recovery of contraband citing potential witness tampering.
What conditions should be imposed on the applicant to secure his presence during the trial proceedings.
Whether the non-compliance of mandatory provisions of Section 50 of the N.D.P.S. Act vitiates the recovery.
6 provisions across 3 enactments
Sufi @ Sufiyan
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
