In a bail application under Section 8/20 of NDPS Act, the court allowed bail noting that the recovered ganja was below commercial quantity and no Section 50 compliance was shown. Conditions were imposed to prevent tampering and criminal activities.
Release on bail with personal bond and two sureties under specific conditions.
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. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42053 of 2021
Applicant :- Arvind Varma Opposite Party :- State of U.P. Counsel for Applicant :- Yogendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been moved on behalf of the applicant in Case Crime No. 508 of 2021, under Section 8/20 of N.D.P.S. Act, P.S. Kotwali Nagar, District Banda, with a prayer that he may be admitted to bail.
It is argued by the learned counsel for the applicant that the recovery of 17.934 Kg is shown to have been made from the possession of the accused applicant which is below commercial quantity. He has further argued that he has nothing to do with the said recovery. The quantity shown to have been recovered is less than commercial. No compliance of the mandatory provision of Section 50 of N.D.P.S. Act has been made at the time of alleged search and seizure. There is no independent witness of the alleged recovery and the applicant has been falsely implicated in the case. Further submitted that co-accused Anshu Gupta has been granted bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 41699 of 2021 vide order dated 23.11.2021.The applicant is in jail since 05.08.2021, and in case he is enlarged on bail, he will not misuse the liberty of bail.
Per contra, learned A.G.A. opposed the prayer for bail however conceded the fact that the recovered Ganja is below commercial quantity.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that the recovered Ganja is below commercial quantity, without expressing any opinion on merits
of the case, a case for bail is made out.
Accordingly, the bail application is allowed .
Let the applicant Arvind Varma involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 6.12.2021 VPS
1 issue framed by the court
Whether bail is maintainable in a case involving recovery of ganja below commercial quantity without compliance of Section 50 N.D.P.S. Act.
2 provisions across 2 enactments
Arvind Varma
State of U.P.
Anil Kumar Ojha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
