The court granted bail to Anuj in a narcotics offence case involving 800 grams of charas, noting the quantity was below commercial limits. The court emphasized lack of compliance with N.D.P.S. Act provisions and ordered strict conditions for his release.
Applicant enlarged on bail on executing a personal bond and two sureties each in like amount.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1668 of 2021
Applicant :- Anuj Opposite Party :- State of U.P. Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submitted that 800 Grams Charas is alleged to be recovered from the possession of the applicant which is below the commercial quantity. The applicant is innocent, he has not committed the alleged offence, but he has been falsely implicated in the present case. There is no compliance of mandatory provision of Sections 50, 51 and 52 of the N.D.P.S. Act and there is no independent witness of the incident. The applicant has no criminal history. It is next submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 06.12.2020, undertakes that he will not misuse the liberty, if granted.
Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Anuj , involved in Case Crime No. 608 of 2020, under Section- 8/20 of N.D.P.S. Act, Police Station- Fatehpur, District -Saharanpur, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfillment of following conditions:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 12.1.2021 Sartaj
Digitally signed by Justice Neeraj Tiwari Date: 2021.01.12 16:56:02 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether bail should be granted to the applicant who alleges false implication in a narcotics case.
Whether the failure to comply with mandatory provisions of the N.D.P.S. Act permits bail.
What conditions should be imposed on granting bail to ensure fair trial and prevent escape.
7 provisions across 7 enactments
Anuj
State of U.P.
Neeraj Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Neeraj Tiwari
Parties & counsel
