Court rejected bail application under Section 21/22 of N.D.P.S. Act due to applicant's criminal history involving prior N.D.P.S. conviction and recovery of Alprazolam exceeding commercial quantity.
Bail application rejected on grounds of criminal history and commercial quantity of narcotics recovered.
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Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 824 of 2019
Applicant :- Hemant Patel Opposite Party :- State Of U.P. Counsel for Applicant :- Gyan Prakash Mishra Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
This bail application has been moved by Hemant Patel in Case Crime No. 687 of 2018, under Section 21/22 of N.D.P.S. Act, 1985, Police Station G.R.P Kanpur, with contention that accused-applicant is innocent, he has been falsely implicated in this very case crime number. He was sitting in front of railway station for going to his home town District Kushinagar where three police men reached and asked about his sitting thereat. He was with no contraband but was apprehended by G.R.P. personnel, put behind the bar and this false implication, after snatching Rs. 5,000/- from him, was made. A recovery of Rs. 4,050/- along with some contraband has been planted, as from joint possession, without observing provision of Section 50 of N.D.P.S. Act. No independent public witness is there. The criminal history of applicant is with bail in all those cases. Bail has been prayed for.
Learned counsel for the applicant argued for bail.
Per contra, learned A.G.A. for the State opposed the bail on the ground of criminal history of the accused-applicant and recovery of narcotic substance in more than commercial quantity.
The rejoinder affidavit filed by Hemant Patel is of that fact that this accusedapplicant, Hemant Patel is convicted for offence punishable under Section 22-B of N.D.P.S. Act and had been in the jail against imprisonment awarded. He is of criminal history given in report. Recovery is 345 gram from the possession of accused persons whereas 120 gram is from the present accused-applicant and the same is Alprazolam i.e. much than the commercial quantity and, therefore, charge-sheet for offence punishable under Section 21/22 of N.D.P.S. Act has been filed and cognizance by Special Judge, has been taken over it.
Under above facts and circumstances, criminal antecedents, previous conviction and recovery of Alprazolam in the quantity of more than commercial quantity, it is not a fit case for bail.
The bail application is rejected accordingly.
Order Date :- 30.1.2019 Kamarjahan
1 issue framed by the court
Whether bail should be granted to an accused convicted under Section 22-B of N.D.P.S. Act with criminal antecedents following recovery of Alprazolam in commercial quantity.
2 provisions across 1 enactments
Hemant Patel
State Of U.P.
Ram Krishna Gautam
As recorded by the court registry
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