The Allahabad High Court granted bail in a bail application filed under NDPS Act by Bilal, a drug conviction accused. The court observed the recovery was under commercial quantity and Section 50 was not complied with, finding it a fit case for release.
The applicant Bilal was released on bail by furnishing a personal bond and two reliable 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. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11443 of 2022
Applicant :- Bilal Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Singh,Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Piyush Agrawal,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 29 of 2022, under Sections 8/20 of N.D.P.S. Act, Police Station- Mirzapur, District - Saharanpur.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the alleged recovery of 240 grams Charas,which is less than the commercial quantity. It is further submitted that the there was no independent public witness to prove the alleged recovery. The mandatory provisions contained under Section 50 of the N.D.P.S. Act has not been complied with. There is no F.S.L. report which may confirm that the substance recovered is prohibited contraband. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 30.1.2022 and the possibility of conclusion of trial in near future is very bleak.
Learned A.G.A. has, however, opposed the prayer for grant of bail, but he has not disputed the above contention made by the learned counsel for the accused-applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant namely Bilal be released on bail in the aforesaid Case Crime Number on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) 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. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant 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.
(iii) In case, the applicant misuse 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 fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) 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. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 14.9.2022 samz
(Piyush Agrawal, J.)
Digitally signed by SYED AKHTARMOHAMMAD MEQDAD Date: 2022.09.14 15:47:45 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail is maintainable in a prosecution under the N.D.P.S. Act where Section 50 was not complied with.
Whether the quantity of Charas recovered is less than the commercial quantity to warrant bail.
5 provisions across 3 enactments
Bilal
State of U.P.
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Piyush Agrawal
Parties & counsel
