Irfan v. State of U.P.
Case brief
What is this about?
Application for bail under the NDPS Act against recovery of 495 Alprazolam tablets. Court granted bail considering Article 21, criminal history, and plea of procedural violation, imposing conditions against tampering and further crime.
What did the court decide?
Requested to be released on bail on personal bond and two sureties with conditions: no tampering with witnesses, sincere cooperation in trial, and no new criminal activities.
What the court decided
Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44145 of 2022
Applicant :- Irfan Opposite Party :- State of U.P. Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- G.A.
Hon'ble Shiv Shanker Prasad,J.
Counter affidavit filed on behalf of the State and rejoinder affidavit filed on behalf of the applicant are taken on record.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
By means of the present application, the applicant- Irfan seeks bail in Case Crime No. 307 of 2022, under Section 21/22 of Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Anoopshahr, District Bulandshahr, during the pendency of trial.
The allegation in the first information report against the applicant is that he was found in possession of 495 tablets of Alprazolam 0.5 gm.
It is contended by the learned counsel for the applicant that recovery of 495 tablets of contraband article, i.e., Alprazolam from the possession of the applicant is totally false and concocted one. It is further stated by learned counsel for the applicant that neither any recovery has been made from the applicant nor any independent witness is there. Violation of Section 50 of the N.D.P.S. Act has also been alleged. It is also contended that applicant has criminal history of two cases and in both the cases he has already been enlarged on bail by competent courts and copies of the bail orders are also annexed as Annexure No.3 to the affidavit filed in support of the bail application. It is next contended that the applicant is languishing in jail since 23.08.2022 and he deserves to be released on bail. In case, the applicant is released on bail, he will not misuse the liberty of bail and shall cooperate with the trial.
Issues for consideration
3 issues framed by the court
Whether the applicant qualifies for bail despite allegations of commercial quantity possession under the NDPS Act given his criminal history and bail conditions.
Whether violation of Section 50 of the NDPS Act affects the grant of bail.
Whether the Apex Court's view in Union of India vs. Shiv Shankar Keshari applies to the bail considerations in this case.
Parties & counsel
- applicant
Irfan
Coram
Shiv Shankar Prasad
Abhishek Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- BAIL/44145/2022
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