Court granted bail to Faiyyaz in a case involving possession of psychotropic substances. The court noted the lack of independent witnesses and pending laboratory reports, finding procedural safeguards under the NDPS Act were not met.
Admitted to bail on furnishing a personal bond and two sureties each of like amount.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46534 of 2020
Applicant :- Faiyyaz Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State
The applicant is seeking bail in connection with case crime no. 369 of 2020, under Section 8/21 of Narcotic Drugs and Psychotropic Substances Act , 1985, (for short NDPS Act) P.S. Sarsawa District Saharanpur.
The allegation against the applicant in the first information report is that the applicant was carrying psychotropic substance in the form smack to the tune of 7 grams, which is below the commercial quantity. It is pleaded by the applicant that thee is no independent witness and the prosecution has not complied with the mandatory procedural requirement of Section 50, 55 and 57 of the NDPS Act. It has been further pleaded that the applicant has been falsely implicated in the present case due to ulterior motive. The laboratory report of the alleged recovery has yet not been received to prosecute the applicant with the aforesaid charge. The applicant has no criminal history and he is in jail since 13.10.2020.
Learned AGA has opposed the bail but could not dispute the aforesaid facts.
In view of overall facts and circumstance of the case, the Court is of the opinion that the applicant is entitled to be admitted to bail.
Accordingly, applicant namely, Faiyyaz is admitted to bail in the aforesaid case and he shall be released on bail on furnishing a personal bond and two sureties each of 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 the court concerned as soon as it is issued.
It is further directed that the applicant shall not misuse the liberty of bail and shall cooperate with the police/ investigating agency/ trial as the case may be.
In view of the aforesaid, the bail application stands disposed of.
Order Date :- 4.1.2021 Sanjeev
1 issue framed by the court
Whether the applicant is entitled to bail considering the absence of independent witnesses and non-compliance with procedural requirements under the NDPS Act.
2 provisions across 1 enactments
Faiyyaz
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
