Held that the applicants are entitled to bail in a case under the N.D.P.S. Act where the recovery was alleged to be framed, mandatory sections violated, and no forensic report submitted. Bail allowed with conditions.
Order of release on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13045 of 2022
Applicant :- Ashif And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Upadhyay,Araf Khan,Sonakshi Arora
Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicants have prayed to be enlarged on bail in Case Crime No.36 of 2022 at Police Station-Kalinjar, DistrictBanda under Section 8/20 of the N.D.P.S. Act. The applicants are in jail since 01.02.2022.
The bail application of the applicants was rejected by learned Special Judge (N.D.P.S. Act)/Additional Sessions Judge, Banda on 21.02.2022.
Shri Araf Khan, learned counsel assisted by Ms.Sonakshi Arora, learned counsel for the applicants contends that the applicants have been falsely implicated in the instant case. 9.850 Kg. Ganja and 13 Kg. Ganja were planted on the applicant No.1 and applicant No.2 respectively to frame them in the instant case to burnish the credentials of the police investigators. The weight of the recovered substance is below 20 Kg. which is the notified commercial quantity under the NDPS Act. No forensic science laboratory report has been submitted which confirms that the
substance allegedly recovered is prohibited under the NDPS Act. There is no independent witness to the alleged recovery. The mandatory provisions of Section 42 and Section 50 of the NDPS Act have been violated. Learned counsel for the applicants contends that the applicant do not have any criminal history apart from the instant case. Lastly it is contended by the learned counsel for applicants that the applicants shall not abscond and will cooperate in the criminal law proceedings. The applicants shall not tamper with the evidence nor influence the witnesses in any manner.
Shri Nafees Ahmad, learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. He, however, does not dispute the fact that the applicants do not have any criminal history apart from this case.
I see merit in the submissions of the learned counsel for the applicants and hold that the applicants are entitled to be enlarged on bail. In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicants-Ashif and Aamir be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in
the like amount to the satisfaction of the court concerned subject to following conditions.
(i) The applicants will not tamper with the evidence during the trial.
(ii) The applicants will not influence any witness. (iii) The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicants shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 7.4.2022 Ashish Tripathi
Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.04.08 16:17:17 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicants are entitled to bail in case of alleged offences under the N.D.P.S. Act where mandatory provisions are violated.
Whether the weight of recovered substance being below commercial quantity entitles the applicants to bail.
Whether the absence of forensic laboratory report and independent witness to recovery warrants bail.
3 provisions across 3 enactments
Ashif
Aamir
Ajay Bhanot
Ashish Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
