This bail application challenged the recovery of contraband and accused non-compliance of Section 50 NDPS Act. The Court considered the ratio of Union of India vs. Shiv Shankar Keshari and Article 21 to determine if bail was appropriate without deciding on guilt.
Applicant released on bail on furnishing personal bond and two sureties subject to specified conditions.
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Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32603 of 2020
Applicant :- Saddam Opposite Party :- State of U.P. Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed on behalf of the applicant, Saddam, with a prayer to release him on bail in Case Crime No. 468 of 2020, under Sections 8/21 N.D.P.S. Act, Police Station- Gangoh, District- Saharanpur, during pendency of trial.
Submission of counsel for the applicant is that the amount of the contraband which has been allegedly recovered from the possession of the accused is not supported by any independent witness. Other submissions showing the truthfulness of the prosecution story with regard to the recovery have also been made. Further contention is that the statutory provisions of Section 50 of the Narcotic Drugs and Psychotropic Substances Act, 1985 have not been complied with in the right manner. The counsel has also tried to demonstrate the circumstances indicating the false implication of the applicant. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 05.08.2020.
Learned AGA for the State has opposed the prayer for bail.
The Apex Court in the Case of Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798 has held that the court while considering the application for bail with reference to Section 37 of the Act is not called upon to record a finding of not guilty. It is for the limited purpose essentially confined to the question of releasing the accused on bail that the court is called upon to see if there are reasonable grounds for believing that the accused is not guilty and records its satisfaction about
the existence of such grounds. But the court has not to consider the matter as if it is pronouncing a judgment of acquittal and recording a finding of not guilty.
Considering the facts of the case and keeping in mind, the ratio of the Apex Court's judgment in the case of Union of India vs. Shiv Shankar Keshari, (2007) 7 SCC 798, larger mandate of Article 21 of the constitution of India, the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.
Let the aforesaid applicant, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions-
Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 13.10.2020 shiv
1 issue framed by the court
Whether the case is fit for grant of bail given the quantum of contraband not supported by independent witnesses and non-compliance of Section 50.
Colour shows how this judgement treated each authority
Union of India vs. Shiv Shankar KeshariRelied on¶9
(2007) 7 SCC 798 · Who else cites this
6 provisions across 3 enactments
Saddam
State of U.P.
Gautam Chowdhary
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Gautam Chowdhary
Parties & counsel
