The High Court allowed the bail application of the applicant accused of possession of heroin under N.D.P.S. Act, holding that independent witness of recovery was absent and mandatory provisions were not complied, thus making out a case for bail.
The applicant is released on bail on furnishing a personal bond and two heavy sureties each.
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Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40694 of 2022
Applicant :- Ajay Kumar Paswan Opposite Party :- State of U.P. Counsel for Applicant :- Saksham Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Nalin Kumar Srivastava,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
It has been submitted by the learned counsel for the applicant that 110 grams of heroin is alleged to have been recovered from the possession of the applicant, whereas in fact, no such recovery has taken place. It is further contended that the allegedly recovered substance is less than the commercial quantity. There is no independent witness of the alleged recovery. The mandatory provisions of N.D.P.S Act have not been complied with in the present case. Applicant has been languishing in jail since 10.8.2022 and in case he is enlarged on bail, he will not misuse the liberty of bail.
On the other hand, learned A.G.A. opposed the prayer for bail.
A recovery of 110 grams of heroin is said to have been made from the possession of the accused. It has been submitted that the said recovery comes within the purview of medium quantity and it has been stated that there is no independent public witness of the alleged search and seizure. Grounds taken in the bail application are sufficient. Hence, keeping in view the nature of the offence, evidence, complicity of accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Ajay Kumar Paswan involved in Case Crime No.582 of 2022 under Sections 8/21 N.D.P.S. Act, Police Station Robertsganj, District - Sonbhadra be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
This Court records the presence of Sri Saurabh Pandey, advocate appearing for the applicant.
Submission and observation recorded in the matter are only for the purpose of deciding the bail application. Trial court shall not be influenced in any way with the said observation / submission while deciding the trial.
Order Date :- 21.10.2022 ss
Digitally signed by SANDEEP SHARMA Date: 2022.10.21 17:16:26 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether the applicant satisfies the court to be released on bail in the present narcotic drugs case.
Whether the mandatory provisions of N.D.P.S. Act have been complied with in the present case.
Whether the applicant will misbehave after being enlarged on bail.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P. and anotherExplained¶8
Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Ajay Kumar Paswan
Nalin Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
