Saddam v. State of U.P.
Case brief
What is this about?
The court granted bail to the applicant charged under Sections 8/20 of the NDPS Act, relying on the dictum in Dataram Singh, without expressing an opinion on the merits of the case.
What did the court decide?
Released on bail by furnishing a personal bond and two sureties subject to conditions.
What the court decided
Court No. - 92
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39176 of 2022
Applicant :- Saddam Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Aslam Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
Supplementary affidavit file in the Court today is taken on record.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed on behalf of the applicant, Saddam with a prayer to release him on bail in Case Crime No. 112 of 2022, under Sections 8/20 N.D.P.S. Act, Police Station- Biharigarh, District- Saharanpur during pendency of trial.
It has been submitted by the counsel for the applicant that the applicant has been falsely implicated in the present case. Submission of the counsel for the applicant is that the amount of the contraband which has been allegedly recovered from the possession of the accused is below commercial quantity. Other submissions showing the truthfulness of the prosecution story with regard to the recovery have also been made. Further contention is that the statutory provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 have not been complied with in the right manner. It is further submitted that the criminal history of five cases against the applicant has been explained by way of supplementary affidavit by the counsel. The counsel has also tried to demonstrate the circumstances indicating the false implication of the applicant. It has also been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required and is also ready to accept all the conditions which the Court may deem fit to impose upon him. It has also been submitted that the applicant is in jail since 02.05.2022.
Issues for consideration
2 issues framed by the court
Whether the applicant charged under the NDPS Act should be released on bail during the pendency of trial.
Whether the High Court can grant bail in an NDPS case by referring to the Apex Court's dictum without expressing an opinion on the merits.
Parties & counsel
- applicant
Saddam
Coram
Nalin Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/39176/2022
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