Safique v. State of U.P.
Case brief
What is this about?
The court allowed bail to Safique, charged under the NDPS Act, believing he made out a case based on the quantity of contraband, procedural defects in search, and lack of independent witnesses during recovery.
What did the court decide?
Release on bail on furnishing a personal bond and two sureties each in the like amount subject to standard conditions.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4097 of 2022
Applicant :- Safique Opposite Party :- State of U.P. Counsel for Applicant :- Sameer Khan Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It is submitted by learned counsel for the applicant that he has been falsely implicated by the police by showing recovery of 110 grams alprazolam which is easily available in the medical shop. No independent witness was present at the time of said recovery. Provisions enumerated in the N.D.P.S. Act for search and seizure have not been followed. Provision of Section 50 N.D.P.S. Act has not been complied with. There is no criminal history against the applicant. Applicant is languishing in jail since 21.9.2021 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. opposed the prayer for bail.
Keeping in view the quantity of recovered contraband, nature of the offence, provisions for release of accused on bail, evidence, complicity of the accused, severity of punishment, and submissions of the learned counsel for the parties, 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.
Issues for consideration
3 issues framed by the court
Whether the applicant is entitled to bail in a narcotic offence alleging procedural irregularities and false implication.
Whether allegations of non-compliance with Section 50 of the NDPS Act justify granting bail.
The conditions to be imposed on the release of the accused if bail is granted.
Parties & counsel
- applicant
Safique
Coram
Subhash Chandra Sharma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/4097/2022
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