Court allowed bail application under NDPS Act. Court cited lack of recovery witness and non-compliance with Section 50 of NDPS Act at time of arrest as grounds for granting bail to applicant Shubham Tiwari.
Released on bail on personal bond and two sureties in like amount subject to specific conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2626 of 2022
Applicant :- Shubham Tiwari @ Shivam Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Singh Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted that in this case applicant has been implicated falsely. Allegedly, 120 gms. poisonous powder, found in test report from F.S.L. as alprazolam, has been said to be recovered from the possession of the applicant which is little more than the commercial quantity i.e. 100 gms. It is further submitted that allegedly applicant was arrested by the police with a car which was said to have been stolen and was related to Crime No.187 of 2021 in which applicant has already been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.2823 of 2022 vide order dated 22.02.2022. The criminal history of 11 cases shown against the applicant has been explained. There is no witness of the alleged recovery. No compliance of Section 50 of the N.D.P.S. Act has been done by the police at the time of arrest of the applicant. Applicant is languishing in jail since 14.11.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. opposed the prayer for bail.
Considering the facts and circumstances of the case, the nature of offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Shubham Tiwari @ Shivam involved in Case Crime No.189 of 2021, under Section 21/22 N.D.P.S. Act, Police Station Ait, District Jalaun, 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 subject to following conditions.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 11.3.2022 Ashok Gupta
Digitally signed by ASHOK KUMAR GUPTA Date: 2022.03.15 17:23:59 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a narcotics charge where no witness of recovery and no compliance with Section 50 of NDPS Act was done.
Whether the applicant will be in a position to cooperate in trial if released on bail.
2 provisions across 1 enactments
Shubham Tiwari @ Shivam
State of U.P.
Subhash Chandra Sharma
Ashok Kumar Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
