Bail application under Section 8/20 of NDPS Act, 1985 allowed. The court held it a fit case for bail despite non-compliance of Section 50, noting the quantity was below commercial limits, the applicant had no criminal antecedents, and had been in jail since the apprehension.
Released on bail with a personal bond and two reliable sureties of the like amount.
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Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38665 of 2020
Applicant :- Gulab Singh Lodhi Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kumar Singh,Gaytri Rajput Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accusedapplicant(s), Gulab Singh Lodhi, who is involved in Case Crime No. 147 of 2020, under Section 8/20 of NDPS Act, 1985, P.S.- Jalalpur, District- Hamirpur.
As per F.I.R case the police party apprehended applicant Gulab Singh Lodhi and another accused Layak Singh on 18.09.2020 at 6:45 p.m and 9 kg 200 gms and 6 kg 900 gms green ganja was recovered and accused Gulab Singh Lodhi told that this ganja was to be sold by him to Layak Singh.
Learned counsel for the applicant(s) in support of his prayer for bail submits that applicant has been falsely implicated in this case. The alleged recovered ganja is below commercial quantity. No compliance of provisions of Section 50 of NDPS Act has been made. There is no independent witness of the incidence. and applicant is languishing in jail since 18.09.2020.
Learned A.G.A. vehemently opposed the prayer for bail and also conceded that compliance of provisions of Section 50 of N.D.P.S Act was not made.
The ganja which was recovered from the possession of the applicant is below commercial quantity. Admittedly, compliance of mandatory provisions of Section 50 of N.D.P.S Act was not made by the police while apprehending the applicant. The applicant has no criminal antecedent and has been languishing in jail since 18.09.2020.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Gulab Singh Lodhi, 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:
(i) The applicant(s) shall not indulge in any criminal activity. (ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 17.12.2020 PS
2 issues framed by the court
Whether the applicant is entitled to bail despite non-compliance of Section 50 of the NDPS Act.
Whether the other factors align to make this a fit case for bail in a below-commercial-quantity NDPS case.
Gulab Singh Lodhi
Subhash Chand
As recorded by the court registry
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