Kalu Abbas v. State of U.P.
Case brief
What is this about?
Single-judge court rejected bail for applicant Kalu Abbas in an N.D.P.S. Act case alleging commercial quantity possession of alprazolam, ruling it not a fit case for bail.
What did the court decide?
No bail granted; application rejected.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 49
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43454 of 2022
Applicant :- Kalu Abbas Opposite Party :- State of U.P. Counsel for Applicant :- Bhawesh Pratap Singh,Umesh Kumar 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.4 of 2020 under Section 8/21 N.D.P.S. Act, Police Station Sikandra, District Agra.
It has been submitted by the learned counsel for the applicant that 540 grams 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 3.1.2020 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 540 grams narcotics substance (alprazolam) 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.
Issues for consideration
3 issues framed by the court
Whether bail should be granted in a case involving 540 grams of alprazolam recovered from the applicant's possession at the time of arrest.
Whether the mandatory provisions of the N.D.P.S. Act were complied with regarding the alleged recovery.
Whether the quantity of narcotics recovered falls under commercial quantity precluding bail.
Parties & counsel
- applicant
Kalu Abbas
Coram
Nalin Kumar Srivastava
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · October
- Registered
- Case no.
- BAIL/43454/2022
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