In a bail application under the NDPS Act, the court found merit in the applicant's plea of false implication and procedural lapses in recovery. The court allowed the bail application and released the applicant on personal bond and sureties.
The applicant was released on bail on furnishing a personal bond and two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40498 of 2021
Applicant :- Aditya Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Bal Ram Gupta Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Sri Bal Ram Gupta, learned counsel for the applicant and Sri Rishi Chaddha, learned A.G.A. for the State.
A first information report was lodged as Case Crime No.408 of 2020 at Police Station-Sachendi, District-Kanpur Nagar under Section 18/20 of the N.D.P.S. Act.
The bail application of the applicant was rejected by learned Special Judge (N.D.P.S. Act)/Additional Sessions Judge, Court No.11, Kanpur Nagar on 02.09.2021.
The applicant is in jail since 03.12.2020, pursuant to the said F.I.R.
Sri Bal Ram Gupta, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. 500 grams charas was planted on the applicant to frame him in the instant case to show proficiency of police investigators. The weight of the recovered substance is below the notified commercial quantity. The commercial quantity of the said
substance is 1 Kg. Further even the said measurement is unreliable as accurate scientific instruments were not used for weighment. The recovery was made in violation of Section 42 read with Section 50 of the NDPS Act. There is no independent witness to the alleged recovery. No forensic science laboratory report has been submitted which confirms that the substance allegedly recovered is prohibited under the NDPS Act. Learned counsel for the applicant has explained the criminal history of the applicant and contends that the same has no bearing on the instant case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicant as disclosed in the bail application. Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme
Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Aditya Sonkar involved in Case Crime No.408 of 2020 at Police Station-Sachendi, District-Kanpur Nagar under Section 18/20 of the N.D.P.S. Act, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
Court to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 9.12.2021 Ashish Tripathi
1 issue framed by the court
Whether the applicant is entitled to bail in a case under Section 18/20 of the N.D.P.S. Act given allegations of false implication and procedural irregularities in recovery.
Aditya Sonkar
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
