Allowed

Sazid v. State of U.P.

Allahabad HC2 Dec 2022BAIL/33153/2022

Case brief

AI extract

What is this about?

In a bail application under the NDPS Act, the High Court held that the investigation violated mandatory procedural safeguards regarding personal search. Finding unconstitutional failure to conduct search in the presence of a Magistrate, the Court granted bail without recording findings on the merits.

What did the court decide?

Applicant released on bail by furnishing one personal bond and two sureties on specific conditions.

Sazid 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. - 33153 of 2022

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Applicant :- Sazid Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Arshad,Muhammad Shahid Siddiqui

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Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Mohd. Arshad, 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. 1202 of 2020, under Sections 21/22 of The Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Quarsi, District Aligarh during pendency of the trial in the Court below.

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The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub Inspector of Police alleging that on the basis of suspicion, the applicant was apprehended and during his personal search, 500 diazapalm powder was recovered from the pocket of the pants worn by him.

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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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A supplementary affidavit has been filed on behalf of the applicant disclosing his involvement in Case Crime No. 550 of 2020 under Section 392 IPC, Police Station Kwarsi, District Aligarh, in which the applicant has been granted bail by means of order dated 05.04.2022 passed by the Additional District and Sessions Judge, Court No. 12, Aligarh.

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The applicant is languishing in jail since 21.12.2020.

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

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Having considered the aforesaid facts and circumstances, it appears from the narration made in the F.I.R. itself that although the substance has been recovered during personal search of the applicant, the search has not been carried out in presence of a

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Magistrate and the samples has not been drawn in presence of a Magistrate.

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From the aforesaid facts, the mandatory procedure prescribed under Sections 50 and 52-A of the NDPS Act have not been followed in the present case.

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Keeping in view the aforesaid discussions and without recording any finding on the merit of the case, 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 Sazid be released on bail in Case Crime No. 1202 of 2020, under Sections 21/22 of The Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Quarsi, District Aligarh 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 :- 2.12.2022

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Jaswant

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Digitally signed by JASWANT KUMAR Date: 2022.12.03 18:55:43 IST Reason: Location: High Court of Judicature at Allahabad

Sazid v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sazid v. State of U.P.

Case brief

What is this about?

What did the court decide?

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