The High Court granted bail to Jahangeer, accused in a narcotic drugs case. The Court relied on Dataram Singh and Article 21, noting the non-compliance of Section 50 NDPS Act and the lack of prior criminal history.
Released on bail on personal bond and two sureties of Rs. One Lac each, subject to 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. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9780 of 2021
Applicant :- Jahangeer Opposite Party :- State of U.P. Counsel for Applicant :- Naseem Rufi Q Alrafio B.M. Mugaanii,Shikha Singh
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.
It has been contended by the learned counsel for the applicant that 14 gram contraband article, i.e., smack is said to have been recovered from the possession of the applicant. He further submits that there is no compliance of mandatory provisions of Section 50 of the N.D.P.S. Act, hence the recovery is bad in the eyes of law. The applicant has no criminal history with respect to the N.D.P.S. Act. It has also been submitted that the applicant is languishing in jail since 28.12.2020. The criminal history of the applicant has properly been explained in para 12 to the affidavit filed in support of bail application.
Learned A.G.A. has vehemently opposed the prayer.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Jahangeer , be released on bail in Case Crime No. 485 of 2020, under Sections- 8/21 NDPS Act, Police Station- Kutubsher, DistrictSaharanpur, on furnishing a personal bond and two sureties of Rs. One Lac each (One should be of a family member) before the court concerned, subject to following conditions:-
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed
to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
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 :- 15.7.2021 Arti
2 issues framed by the court
Whether bail should be granted to the applicant despite recovery of 14 grams of smack when mandatory provisions of Section 50 of the NDPS Act were allegedly not complied with.
Whether the severity of punishment under the NDPS Act bars the grant of bail.
Colour shows how this judgement treated each authority
Dataram Singh v. State of U.P. and anotherReferred¶9
(2018) 2 SCC 22 · Who else cites this
2 provisions across 2 enactments
Jahangeer
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vivek Kumar Singh
Parties & counsel
