Allowed

Irfan v. State of U.P.

Allahabad HC29 Nov 2022BAIL/23957/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Irfan, a trial stage accused under the NDPS Act. The court granted bail due to apparent procedural irregularities, specifically the testing of only a single sample from 80 recovered packets without a Magistrate's presence and failure to notify higher officers under Section 42(2) of the N.D.P.S. Act.

What did the court decide?

Bail on personal bond and two sureties with conditions against tampering, influencing witnesses, and communicating with witnesses or police.

Irfan Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23957 of 2022

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Applicant :- Irfan Opposite Party :- State of U.P. Counsel for Applicant :- Rajnish Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Rajnish Dubey, the learned counsel for the applicant, Sri Dinesh Kumar Srivastava, the learned Additional Government Advocate and perused the record.

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Rejoinder affidavit filed today is taken on record.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 451 of 2021, under Sections 08/20/29/60 (3) of The Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Allahaganj, District Shahjahanpur during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. lodged by an Inspector of Police alleging that on the basis of information received from a Mukhbir, the Police found some goods being unloaded from a vehicle. The applicant and one Saleem were apprehended from the spot and as per F.I.R. allegation, both of them confessed that they were having ganja. 80 packets kept in the vehicle were recovered. It is alleged that the accused persons stated that the substance kept in the packet was ganja. Each of the 80 packets weighed 10 k.g. As per the F.I.R. avermments, some quantities of the substance were taken out from each of the packets so as to prepare a sample for being tested.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case and that he has no criminal history.

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The applicant is languishing in jail since 04.12.2021.

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The State has filed a counter affidavit opposing the prayer for grant of bail and a copy of the test report submitted by the Forensic Science Laboratory, Moradabad states that a single sample of 500 gram was received and tested by the Laboratory

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and the substance was found to be ganja.

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Having considered the aforesaid facts and circumstances of the case, what prima facie appears is that although 80 packets were recovered from the vehicle, a single sample has been sent for being tested, apparently samples have not been drawn from all the packets recovered. From the narration made in the F.I.R. it appears that samples were not drawn in presence of a Magistrate and there is nothing on record that the information of the recovery was sent to the higher officers as per the procedure prescribed under Section 42 (2) of the N.D.P.S. Act.

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Keeping in view the aforesaid discussions, I am of the view that the applicant is entitled to be released on bail.

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In light of the preceding discussion and without making any observation on the merits of the case, the instant bail application is allowed .

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Let the applicant Irfan be released on bail in Case Crime No. 451 of 2021, under Sections 08/20/29/60 (3) of The Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Allahaganj, District Shahjahanpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 29.11.2022

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Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.11.30 11:33:11 IST Reason: Location: High Court of Judicature at Allahabad

Irfan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Irfan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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