Allowed

Shaheed @ Lauki v. State of U.P.

Allahabad HC25 Mar 2022BAIL/2799/2022

Case brief

AI extract

What is this about?

In a bail application under the N.D.P.S. Act, the Court allowed the release of the applicant, Shaheed @ Lauki, who contested the charge for possessing narcotic powder, citing procedural flaws in arrest and recovery proceedings.

What did the court decide?

Release on bail by furnishing a personal bond with two sureties subject to standard conditions including cooperation in trial and no tampering with evidence.

Shaheed @ Lauki 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. - 2799 of 2022

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Applicant :- Shaheed @ Lauki Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Srivastava,Virendra Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Mohd. Faiz Alam Khan,J.

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Heard Shri Rahesh Kumar Srivastava, learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.

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This bail application has been moved by the accused/applicant- Shaheed @ Lauki for grant of bail, in Case Crime No.118 of 2021, under Section 8/22 Narcotic Drugs and Psychotropic Substances Act, Police Station Nai Ki Mandi, District Agra, during trial.

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Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case and he has not committed any offence as claimed by the prosecution and nothing incriminating has been recovered from his possession.

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It is further submitted that local police is having enmity with the applicant and he was arrested on the allegation of facilitating 'Satta' business. However, alprazolam powder has been planted by the police in order to increase the gravity of the matter.

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It is vehemently submitted that the mandatory provisions of Sections 42 and 50 of N.D.P.S. Act have not been complied by the police party as the police party was having prior information of the arrival of the applicant but the information given by the informer was not reduced into writing. Moreover no effort has been made to get the search of the accused person before a Gazetted Officer or the Magistrate while the Gazetted Officer of the Police Department may easily be arranged and thus the recovery and arrest effected in violation of Sections 42 and 50 of N.D.P.S. Act renders the recovery as void ab-initio.

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It is also submitted that it has not been clarified in the seizure memo as to whether the weight of the contraband has been weighed with the manual scale or electronic scale (Tarazu) and in all probability the contraband has been weighed with its

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wrapper and had the recovered contraband might have been weighed through an electronic scale the weight of the same may be much lesser than that which has been shown in the seizure memo.

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It is further submitted that still the charge sheet has not been filed in this case and the applicant is in jail in this case since 23.12.2021 and there is no apprehension that the accusedapplicant after release on bail, may flee from the process of law or may otherwise misuse the liberty.

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It is further submitted criminal history of the applicant has been adequately explained in paragraph 6 of the bail application as well as in para 2 of th supplementary affidavit dated 18.2.2022.

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Learned A.G.A., on the other hands opposes the prayer for bail of the applicant on the ground that Alprazolum powder of commercial quantity has been recovered from the possession of the applicant.

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Having heard learned counsel for the parties and having perused the record, it is evident that the allegations against the applicant are to the tune that 250 grams alprazolum powder has been recovered from the possession of the applicant. The defence of the applicant is that the information given by the informer to the police party was reduced into writing as required under Section 42 and Section 50 of N.D.P.S. Act has also not been complied in letter and spirit while there was opportunity and occasion for the police party to have arranged a Gazetted Police Officer of their own department. It is also submitted that contraband has been weighed with a manual scale along with its wrapper. The applicant is in jail in this case since 23.12.2021. The charge sheet has still not been filed and the criminal history of the applicant has been adequately explained and the FSL Report is still not awaited. Having regard to the above reasons, in the considered opinion of this Court the satisfaction as required under Section 37(1) (b) of the N.D.P.S. Act stands satisfied.

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Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits and demerits of the case, I am of the considered view that applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Shaheed @ Lauki involved in the aforesaid case be released on bail on furnishing a personal bond with two sureties in the like amount to the satisfaction of the court

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concerned subject to following conditions:-

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(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.

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(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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Observations made herein-above are only for the purpose of disposal of bail application and the same shall not have any bearing on the trial of the case.

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Order Date :- 25.3.2022 Muk

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Digitally signed by MOHD UMAR KHAN Date: 2022.03.25 14:19:27 IST Reason: Location: High Court of Judicature at Allahabad

Shaheed @ Lauki v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shaheed @ Lauki v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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