Court rejected bail application under Sec 8/20 of NDPS Act. Applicant claimed recovery of 70 kg ganja did not occur and statutory provisions were violated. Court applied Supreme Court dictum regarding commercial quantity cases, finding bail not appropriate.
Bail application rejected; accused to remain in custody pending further proceedings.
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Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37478 of 2022
Applicant :- Piyush Sisodiya Opposite Party :- State of U.P. Counsel for Applicant :- Ram Bahadur,Prem Narayan Singh,Sr. Advocate Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
Heard learned counsel for the applicant as well as learned A.G.A for the State and perused the record.
This bail application has been filed by the applicant Kalu Abbas involved in case crime no.239 of 2022, under Section 8/20 N.D.P.S. Act, Police Station Sainya, District Agra.
It has been submitted by the learned counsel for the applicant that 70 kg intoxicating substance is alleged to have been recovered from the possession of the applicant, whereas in fact, no such recovery has taken place. There is no independent witness of the alleged recovery and arrest of the applicant. The mandatory provisions of N.D.P.S Act have not been complied with in the present case. Applicant has been falsely Applicant has been languishing in jail since 30.07.2022 and in case he is enlarged on bail, he will not misuse the liberty of bail.
On the other hand, learned A.G.A. vehemently opposed the prayer for bail.
In this matter, as is evident from the record that the applicant has been arrested on spot and 70 kg of intoxicating substance (ganja) was found from the illegal possession of the applicant. Following the dictum given by the Hon'ble Supreme Court in Union of India through Narcotics Control Bureau Versus Md. Nawaz Khan, (2021) 10 Supreme Court Cases 100 , I do not find it a fit case for bail, as it is a case of recovery of narcotics substance, which falls in the category of commercial quantity.
The bail application of the accused-applicant is rejected.
Order Date :- 13.10.2022 Shiv
Digitally signed by SHIV KUMAR SHARMA Date: 2022.10.13 16:53:51 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant is entitled to bail given the recovery of 70 kg of ganja_in lawful possession as required under NDPS Act.
Whether the case attracts the commercial quantity threshold mandating rejection of bail under N.D.P.S. Act.
Whether compliance with mandatory provisions of the N.D.P.S. Act is sufficient for enlarging the applicant on bail in this context.
Colour shows how this judgement treated each authority
Union of India through Narcotics Control Bureau Versus Md. Nawaz KhanApplied¶9
Union of India through Narcotics Control Bureau Versus Md. Nawaz Khan, (2021) 10 Supreme Court Cases 100
1 provisions across 1 enactments
Piyush Sisodiya
Kalugh Abbas
State of U.P.
Nalin Kumar Srivastava
Shiv Kumar Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
