Allowed

Ramsanehi Nishad v. State of U.P.

Allahabad HC2 Dec 2022BAIL/35081/2022

Case brief

AI extract

What is this about?

In a bail application under the NDPS Act, the High Court held that the applicant is entitled to release because the quantity of ganja falls below the minimum commercial quantity and statutory sampling provisions were not complied with.

What did the court decide?

The applicant is released on bail on furnishing a personal bond and two sureties in the like amount subject to standard conditions.

Ramsanehi Nishad 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. - 35081 of 2022

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Applicant :- Ramsanehi Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Prasad Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Jitendra Prasad Mishra, the learned counsel for the applicant, Sri Shashi Shekhar Tiwari, the learned Additional Government Advocate and perused the record.

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2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 64 of 2022, under Sections 8/20 Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Jaspura, District Banda .

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3.The aforesaid case has been registered on the basis of a first information report lodged by the Station House Officer, alleging that the applicant was apprehended while he was cutting green of plants of Ganja on the banks of Yamuna River. On his pointing out, Ganja plants weighing 19.600 kg. were recovered from a hut and 1.400 kg. Ganja was also recovered.

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4.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 28.05.2022. 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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5.the applicant's criminal history has been explained in para-2 of the supplementary affidavit filed on his behalf, as per which the police has submitted a final report, a case under Section 110-G Cr.P.C. stands closed due to efflux of the stipulated period and in the remaining two cases, the applicant has been acquitted by the Trial Court.

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6.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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7.Having considered the aforesaid facts and submissions and

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keeping in view the fact that the quantity of the Ganja allegedly recovered from the applicant falls below the minimum commercial quantity and the recovery has not been made and the samples had not been drawn in accordance with the provisions of Section 52-A of NDPS Act, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.

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8.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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9.Let the applicant Ramsanehi Nishad be released on bail in Case Crime No. 64 of 2022, under Sections 8/20 Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Jaspura, District Banda 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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10.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 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.12.05 10:16:30 IST Reason: Location: High Court of Judicature at Allahabad

Ramsanehi Nishad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ramsanehi Nishad v. State of U.P.

Case brief

What is this about?

What did the court decide?

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