Allowed

Sagar v. State of U.P.

Allahabad HC23 Nov 2022BAIL/28716/2022

Case brief

AI extract

What is this about?

This court allowed a bail application under the NDPS Act. The court held the applicant entitled to bail due to procedural irregularities where substance recovery and sampling were not done in the presence of a Magistrate as required by law.

What did the court decide?

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

Sagar 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. - 28716 of 2022

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Applicant :- Sagar Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Tripathi,Manish Kumar,Manoj Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Manish Kumar, the learned counsel for the applicant, Sri Amit Kumar Shukla, the learned State Counsel and perused the record.

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2.A supplementary affidavit filed today is taken on record.

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3.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 171 of 2022, under Sections 21/22 Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Farah, District Mathura.

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4.The aforesaid case has been registered on the basis of an FIR lodged by a Sub-Inspector of Police stating that on the basis of an information received from a Mukhbir, a car was intercepted, in which three persons, including the applicant were found sitting and different quantitites of intoxicating substances were recovered from each of the three persons. As per FIR allegations 310 gms. Alprazolam was recovered during personal search of the applicant from the pocket of the pants worn by him. The FIR states 40 gm. substance was taken out from the substance recovered from each of the three persons and it was sent for chemical analysis.

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5.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case and he is in jail since 26.05.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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6.A supplementary affidavit has been filed on behalf of the applicant, in para-2 whreof the applicant's criminal history of a total of five cases has been disclosed. In one case bearing Case Crime No. 79 of 2022 under Sections 392, 427 and 411 IPC, P.s.Farah, District Mathura, the applicant has been implicated

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after his arrest in the present case and in rest of the four cases, the applicant has been granted bail.

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7.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail, but he could not dispute the aforesaid aspects of the matter.

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8.Having considered the aforesaid facts and circumstance of the case, what prima facie appears at this stage is that although the substance was recovered during personal search of the applicant from the pockets of pants worn by him, the search has not been carried out in presence of a Magistrate or a gazetted officer and the sample of substance has not been drawn in presence of a Magistrate, as mandated by Section 50 and 52-A of the N.D.P.S. Act. In view of the aforesaid discussion, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.

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

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10.Let the applicant Sagar be released on bail in Case Crime No. 171 of 2022, under Sections 21/22 Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Farah, District Mathura 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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11.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 :- 23.11.2022 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.11.29 18:32:33 IST Reason: Location: High Court of Judicature at Allahabad

Sagar v. State of U.P.

Case brief

What is this about?

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Sagar v. State of U.P.

Case brief

What is this about?

What did the court decide?

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