Kamta v. State of U.P.
Case brief
What is this about?
This judgment grants bail to the applicant, Kamta, in a narcotics case involving 15 kg of Ganja. The court relied on Union of India vs. Shiv Shankar Keshari to grant bail in a fit case scenario despite the serious offense.
What did the court decide?
Released on bail by personal bond and two sureties subject to specific conditions including attendance in court and non-tampering with evidence.
What the court decided
Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43607 of 2020
Applicant :- Kamta Opposite Party :- State of U.P. Counsel for Applicant :- Saurabh Tripathi 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, Kamta , with a prayer to release him on bail in Case Crime No. 112 of 2020, under Sections 8/20 N.D.P.S Act, Police Station- Bharatkoop, District- Chitrakoot, during pendency of trial.
Submission of counsel for the applicant is that the amount of the contraband (15 kg. Ganja)which has been allegedly recovered from the possession of the accused is below the commercial quantity and also not supported by any independent witness. Other submissions showing the falsity 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 12.10.2020.
Issues for consideration
3 issues framed by the court
Whether the applicant, charged under Sections 8/20 N.D.P.S. Act, is fit for bail considering the quantity of contraband and statutory compliance.
Whether the accused can be released on bail without recording a finding of not guilty.
Whether sufficient grounds exist to grant bail in view of the nature of accusation and severity of potential punishment.
Parties & counsel
- applicant
Kamta
- respondent
State of U.P.
Coram
Gautam Chowdhary
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/43607/2020
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