Allowed

Baburam Biyaar v. State of U.P.

Allahabad HC22 Jul 2022BAIL/25465/2022

Case brief

AI extract

What is this about?

In this bail application under the NDPS Act, the High Court allowed the release of the applicant on a personal bond and sureties. The court found it to be a fit case for bail, subject to conditions regarding witness tampering and appearance in court, without commenting on the merits of the impugned FIR.

What did the court decide?

Release of the applicant on bail on furnishing a personal bond and two sureties each in the like amount, subject to specific conditions.

Baburam Biyaar 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. - 25465 of 2022

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Applicant :- Baburam Biyaar Opposite Party :- State of U.P. Counsel for Applicant :- Piyush Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Supplementary affidavit filed today is taken on record.

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

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 16 of 2022 under Section 8/21 Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Jugail, District Sonbhadra during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of a first information report dated 16.03.2022 lodged against four named persons, including the applicant, alleging that 250 bottles of Corex cough syrup, which contains Codeine Phosphate and Chlorpheniramine Maleate, were recovered from the applicant.

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In the affidavit filed in support of the bail application, it has been stated that the applicant has been falsely implicated in the present case.

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The applicant has filed a supplementary affidavit disclosing his criminal history and he is on bail in all the cases.

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The learned counsel for the applicant has submitted that the substance allegedly recovered from the applicant is Corex cough syrup, which is a medicine and which is covered by the provisions of Drugs and Cosmetics Act. The recovered syrup is neither a narcotic drug nor is it a psychotropic drug substance and the provisions of Narcotic Drugs and Psychotropic Substances Act do not apply to the substance recovered.

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The learned counsel for the applicant has relied on a decision dated 24.12.2021 rendered by a Division Bench of this Court in (2022) 2 All. L. J. 244: 2021 SCC Online All 908 , Vibhor Rana vs. Union of India, in support of his contention that a

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cough syrup containing Codeine Phosphate and Chlorpheniramine Maleate is a medicine and it is not covered by the provisions of Narcotic Drugs and Psychotropic Substances Act.

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In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person and he works as a truck driver for the owner of the truck. It has further been stated that the applicant has no criminal history.

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The applicant is languishing in jail since 16.03.2022.

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Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail.

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Keeping in view the aforesaid facts and circumstances of the case, I find it to be a fit case for grant of bail to the applicant in the aforesaid case crime number.

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

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Let the applicant Baburam Biyaar be released on bail in Case Crime No. 16 of 2022 under Section 8/21 Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Jugail, District Sonbhadra 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 :- 22.7.2022 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.07.26 13:46:49 IST Reason: Location: High Court of Judicature at Allahabad

Baburam Biyaar v. State of U.P.

Case brief

What is this about?

What did the court decide?

Baburam Biyaar v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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