Allowed

Mohd. Nadeem v. State of U.P. Thru. Prin. Secy. Home Lko.

Allahabad HC14 Oct 2022/10524/2022

Case brief

AI extract

What is this about?

This court granted bail to Mohd. Nadeem, charged with possession of morphine under the NDPS Act, noting non-compliance of Section 50 and lack of eyewitness despite the quantity exceeding commercial limits. Bail was released on personal bond and two sureties with strict conditions regarding court attendance and non-interference.

What did the court decide?

Release of the applicant on bail by personal bond and two sureties subject to conditions regarding non-interference with witnesses and attendance in court.

Mohd. Nadeem Vs State of U.P. Thru. Prin. Secy. Home Lko. — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 15

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10524 of 2022

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Applicant :- Mohd. Nadeem Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.

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Counsel for Applicant :- Anil Kumar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Shree Prakash Singh,J.

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Supplementary affidavit filed by learned counsel for the applicant today the same is taken on record.

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Counter affidavit filed by learned AGA, the same is taken on record.

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Heard learned counsel for the applicant, Sri Ajay Kumar Srivastava, learned A.G.A. for the State and perused the record.

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This application has been filed with a prayer to release the applicant on bail during the trial in Case Crime no.362 of 2022, under Section 8/21 N.D.P.S. Act, Police Station Zaidpur, District Barabanki.

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As per the version of the first information report, 310 gm contraband substance i.e. morphine is said to be recovered from the possession of the applicant.

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It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. He further submits that as per the version of FIR, 310 gm contraband substance (morphine) has been recovered from the possession of the applicant which is slightest above than the commercial quantity. There is noncompliance of Section 50 N.D.P.S. Act. In support of his contention, learned counsel has relied upon the case of Arif Khan @ Agha Khan vs. State of Uttarakhand reported in (2018) 18 SCC 380 in which Apex Court has held that Section 50 of the NDPS Act is mandatorily required with regard to search and seizure. There is no independent public witness account of the alleged recovery. He further added that there is no any cogent piece of evidence to connect the applicant in the instant matter. He further submits that the applicant has two

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cases previous criminal antecedent, which has been explained in para 2 and 3 of the supplementary affidavit. He next submits that the applicant is law abiding citizen and is languishing in jail since 22.08.2022. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the investigation.

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Per contra, learned A.G.A. opposed the prayer for bail and submits that 310 gm contraband substance morphine has been recovered from the possession of the applicant and as such he is involved in committing the aforesaid crime.

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Having heard the learned counsel for the parties and after perusal of record, it is evident that contraband substance which was recovered from the possession of the applicant is slightest above than the commercial quantity; there is no independent public eye witness account; provision of Section 50 of NDPS Act has not been complied with; further he has very explained two cases previous criminal history in para 2 and 3 of the supplementary affidavit and the applicant is languishing in jail since 22.08.2022.

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Thus, considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and without expressing any view on the merits of the case, I find it to be a case of bail.

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Let the applicant- Mohd. Nadeem involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-

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(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;

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(2) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. He shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code;

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(3) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C.; and

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(4) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.

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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.

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It is clarified that the observations 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 merits of the case.

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Order Date :- 14.10.2022 A.Kr*

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Digitally signed by AJAY KUMAR Date: 2022.10.17 12:39:51 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Nadeem v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What did the court decide?

Mohd. Nadeem v. State of U.P. Thru. Prin. Secy. Home Lko.

Case brief

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What did the court decide?

What the court decided

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