The High Court allowed the bail application of Anwar, an accused in a narcotics case involving the possession of 2 kg ganja. The court found that mandatory provisions of the NDPS Act were not complied with regarding recovery and allowed bail.
The applicant released on bail upon furnishing a personal bond and two heavy sureties subject to specific conditions.
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Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43390 of 2022
Applicant :- Anwar Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Sharma 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.
It has been submitted by the learned counsel for the applicant that 2 kilograms Ganja 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 22.8.2022 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.
It reveals from the perusal of record that 2 kg. Ganja has been found from the illegal possession of the applicant. It has been stated that there is no public witness of the alleged recovery whereas the alleged recovery has been made from public place. The applicant has been detained in jail since 22.8.2022. Criminal history of the applicant has been sufficiently explained in the affidavit accompanying the bail application. 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 Anwar involved in Case Crime No.334 of 2022 under Sections 18/20 N.D.P.S. Act, Police Station Rorawar, District - Aligarh 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.
suspected.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
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 :- 10.10.2022 ss
Digitally signed by SANDEEP SHARMA Date: 2022.10.11 18:30:01 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail shall be granted to the applicant accused of possessing ganja without independent witness of recovery.
Colour shows how this judgement treated each authority
Dataram Singh vs. State of U.P. and anotherReferred¶8
Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 · Who else cites this
1 provisions across 1 enactments
Anwar
State of U.P.
Nalin Kumar Srivastava
Sandeep Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Nalin Kumar Srivastava and Sandeep Sharma
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