The court granted bail to the applicant charged under Sections 8/22 N.D.P.S Act for possession of 460 grams of dizapam, which is below the commercial quantity, noting procedural defects in recovery.
Released on bail by furnishing personal bond and two sureties subject to conditions not to interfere with witnesses or tamper with evidence.
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Court No. - 91
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45877 of 2020
Applicant :- Neelu @ Shailendra Opposite Party :- State of U.P. Counsel for Applicant :- Vidya Bhaskar Singh 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) Neelu @ Shailendra who is involved in Case Crime No. 699 of 2020 under Section 8/22 N.D.P.S Act, P.S.Chhibramau District- Kannauj.
Learned counsel for the applicant submits that the contraband alleged to be recovered as intoxicant was 460 grams below the commercial quantity which is 500 grams which is dizapam as per prosecution case. There is no independent witness of the public of the alleged recovery. No compliance of Section 50 was made while the alleged recovery is shown from possession of the applicant.
Learned A.G.A. opposed the bail application and considered that the recovery of the intoxicant article which is as per statement of the applicant accused was dizapam is below the commercial quantity.
The applicant has been languishing in jail 29.9.2020.
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) Neelu @ Shailendra 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 :- 15.12.2020 SKS
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving possession of contraband below commercial quantity with procedural irregularities in recovery.
Whether the debt to be fixed by the trial court is 460 grams of dizapam.
2 provisions across 1 enactments
Neelu @ Shailendra
State of U.P.
Subhash Chand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
