In a bail application under the NDPS Act, the High Court rejected the plea as the applicant failed to prove innocence. The Court directed the trial court to expedite the trial to conclude within one year.
Bail application rejected; trial directed to be concluded within one year.
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Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14088 of 2020 Applicant :- Santosh Kumar Pandey Opposite Party :- Union of India Counsel for Applicant :- Shishir Tandon,Shabana Nizam,Shashi Dhar Shukla Counsel for Opposite Party :- Ashish Pandey
Hon'ble Rajiv Joshi,J.
Rejoinder Affidavit filed today is taken on record.
Heard Sri Shishir Tandon, learned counsel for the applicant, Sri Ashish Pandey, learned Counsel for the N.C.B. as well as learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant seeking bail in Case Crime No.19 of 2019, under Sections 8/20/29 of Narcotic Drugs and Psychotropic Substances Act, Police Station Narcotics Control Bureau, Lucknow/Khorabar, District Gorakhpur during the pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case as he was merely sitting in the Scorpio Vehicle while the alleged recovery of 202 Kg. Ganja was made from the Truck. It is further submitted that the applicant has no concerned with the Ganja alleged to have been recovered from the Truck. Lastly it is contended that the applicant is in jail since 09.05.2019 having criminal history of two cases of N.D.P.S.Act and on the basis of the same Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988 (in short PIT NDPS Act) has been invoked against him and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned Counsel for the N.C.B. has vehemently opposed the bail prayer of the applicant by saying that 202 Kg. Ganja has been recovered from the Truck, which is above the commercial quantity and the applicant was sitting in the Scorpio, which was escorting the Truck. It is further submitted by the Counsel for the N.C.B. that the applicant has confessed his involvement in the offence as is evident from the statement recorded under Section 67 of N.D.P.S. Act (copy of the same is appended at page 133 of the counter affidavit) and as per confessional statements of accused he was caught on the spot with the said amount of Ganja and the compliance of Section 50 of N.D.P.S. Act has fully been made in the presence of Gazetted Officer. It is also submitted that the bail application of the co-accused, Prince Jayasval, who was owner of the Truck has already been rejected by the co-ordinate bench of this Court vide order dated 20.11.2019 in Criminal Misc.Bail Application No.42538 of 2019, the role assigned to the applicant is similar to that of the co-accused, Prince Jaysval as he was also sitting in the Scorpio behind him, hence, the applicant does not deserve to be released on bail.
In view of the provision of section 37 of NDPS Act, learned counsel for the
applicant has to convince this Court before granting bail to the accused regarding the fact that the accused is not guilty of such offence and there is no likelihood of the accused being involved in any future offence while on bail. The evidence which has come on record against the accused-applicant, does not suggest at this stage that the accused is innocent and in view of provision 37 of the NDPS Act, this Court does not find it appropriate to release the accused on bail.
Accordingly, the bail application is rejected. However, the trial court is directed to expedite the trial & make an endeavour to conclude it preferably within a period of one year strictly in compliance of Section 309 of Cr.P.C., subject to any legal impediment from the date of production of a certified copy/computerized copy of this order.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 16.9.2021
S.P.
2 issues framed by the court
Whether bail should be granted to the applicant accused under Section 37 of the NDPS Act.
Whether the trial should be expedited in compliance with Section 309 of Cr.P.C.
2 provisions across 2 enactments
Santosh Kumar Pandey
Union of India
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
