Allowed

Rajan @ Kali Baksh Singh v. Union of India

Allahabad HC16 Nov 2022BAIL/32252/2020

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by Rajan @ Kali Baksh Singh in a trial under the NDPS Act. The court was influenced by observations regarding potential defects in the recovery memo and the fact that a similar case against Dinesh Singh had already been granted bail.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties in like amount to the satisfaction of the court below.

Rajan @ Kali Baksh Singh Vs Union of India — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32252 of 2020

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Applicant :- Rajan @ Kali Baksh Singh Opposite Party :- Union of India Counsel for Applicant :- Kuldeep Johri,Vimlendu Tripathi Counsel for Opposite Party :- A.S.G.I.,Ashish Pandey

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Vimlendu Tripathi and Sri Kuldeep Johri, the learned counsel for the applicant, Sri Arun Kumar Pandey, 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. 14 of 2018, under Sections 8/20/27A/29/60 (3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act' ), Police Station N.C.B. Lucknow, District Gorakhpur during pendency of the trial in the Court below.

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Although the name of Sri Ashish Pandey is shown in the cause list and Sri Kuldeep Johri, the learned counsel for the applicant states that he has send an intimation through S.M.S. today at 10:18 a.m. but he is not present to assist the Court.

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The aforesaid case has been registered on the basis of an alleged recovery made by the officials of Narcotics Control Bureau (hereinafter referred to as 'NCB' ) alleging that on the basis of specific information a team of officers of NCB had intercepted a Truck at 21:15 hours on 10.06.2018 and the Truck was being driven by one Satnam Singh and another person Shiv Singh has been found sitting in the driver's cabin. It is alleged that 591.200 k.g. ganja kept in 58 packets was recovered from the Truck. Recovery memo mentions that packets were rearranged in two lots and two representative samples of 200 gram each were drawn from the packets of two lots.

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In their statements recorded under Section 67 of the NDPS Act, both the apprehended persons stated that the ganja was being transported under the direction of the applicant.

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On the basis of the aforesaid statements of co-accused, the applicant was arrested on 29.08.2018 and after his arrest, he was implicated in another case bearing NCB No. 17 of 2018 under Sections 8/20/27A/29 of NDPS Act, Police Station NCB

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Lucknow on the basis of similar allegations.

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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.

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In paragraph No. 14 of the bail application, the applicant's involvement in a case bearing Case Crime No. 283 of 2016 under Sections 452, 504, 506 IPC, Police Station Maharajganj, District Raibareilly has been disclosed.

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The learned counsel for the applicant has submitted that the applicant has already been released on bail in the aforesaid Case Crime No. 17 of 2018 by means of an order dated 15.11.2019 passed by this Court in Criminal Misc. Bail Application No. 2083 of 2019. He has further submitted that the apprehended persons had implicated another person Dinesh Singh in their statement and Dinesh Singh has already been granted bail by means of an order dated 25.02.2022 passed by this Court in Criminal Misc. Bail Application No. 38774 of 2021, a copy whereof has been annexed with the rejoinder affidavit.

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

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I have considered the aforesaid facts and circumstances of the case and the submissions made by the learned counsel for the applicant, what prima facie appears at this stage from the narration made in the recovery memo itself is that ganja packed in 58 packets recovered from the cavity made in the Truck. The recovery memo does not mention the weight of the individual packets. 58 packets were arranged in two lots and representative samples were drawn from each lots and not from each of the packets recovered from the Truck. Moreover, the material available on record shows that samples were not drawn in presence of a Magistrate as is required under Section 52-A of the NDPS Act. Keeping in view the consideration of the aforesaid fact and keeping in view the fact that Dinesh Singh against whom a similar case has been set up has already been granted bail, 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 Rajan @ Kali Baksh Singh be released on bail in Case Crime No. 14 of 2018, under Sections 8/20/27A/29/60 (3) of the Narcotic Drugs and Psychotropic

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Substances Act, 1985 (hereinafter referred to as 'NDPS Act'), Police Station N.C.B. Lucknow, District Gorakhpur 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 :- 16.11.2022

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Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.11.18 17:24:58 IST Reason: Location: High Court of Judicature at Allahabad

Rajan @ Kali Baksh Singh v. Union of India

Case brief

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Rajan @ Kali Baksh Singh v. Union of India

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