Allowed

Inkar @ Amit Khan v. State of U.P.

Allahabad HC16 Nov 2022BAIL/44188/2022

Case brief

AI extract

What is this about?

This court granted bail to the applicant in an NDPS case, holding that the release was merited because the mandatory procedural requirements of Section 52-A regarding seizure and testing of drugs were not followed during investigation.

What did the court decide?

Applicant released on bail by furnishing a personal bond and two sureties subject to standard conditions against tampering and influencing witnesses.

Inkar @ Amit Khan Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 79

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44188 of 2022

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Applicant :- Inkar @ Amit Khan Opposite Party :- State of U.P. Counsel for Applicant :- Om Prakash Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Om Prakash, the learned counsel for the applicant, Sri Ghanshyam Mishra, the learned State Counsel and perused the record.

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2.The instant application has been filed seeking release of the applicant on bail in S.T. No. 423 of 2022 arising out of Case Crime No. 199 of 2022, under Sections 8/20 Narcotic Drugs and Psychotropic Substances Act, 1985 Police Station G.R.P. Jhansi, District Jhansi.

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3.The aforesaid case has been registered on the basis of a first information report lodged by a Sub-Inspector of Police alleging that on the basis of an information received from a Mukhbir, the applicant was apprehended and four packets totaling to 8.470 kg. Ganja were recovered from one bag being carried by the applicant and 12.860 kg. Ganja packed in six packets kept in another bag being carried by the applicant was recovered. It is stated in the FIR that small quantities of Ganja were taken out from each of the packets so as to make two samples of 100 gms. each from one bag were prepared for being tested.

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4.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 07.04.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation.

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5.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail, but he could not dispute the aforesaid aspects of the matter.

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6.I have considered the aforesaid facts and circumstances. What prima facie appears at this stage is that although the substance

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recovered was packed in 10 packets, only two samples have been taken out and sent for being tested and that the mandatory provisions laid down under Section 52-A of the NDPS Act and the Standing Order No. 1 of 1989 have not been followed in the present case and for the aforesaid reason, I am of the view that the applicant is entitled to be released on bail in the aforesaid case.

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7.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .

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8.Let the applicant Inkar @ Amit Khan be released on bail in S.T. No. 423 of 2022 arising out of Case Crime No. 199 of 2022, under Sections 8/20 Narcotic Drugs and Psychotropic Substances Act, 1985 Police Station G.R.P. Jhansi, District Jhans, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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9.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 16.11.2022 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.11.21 18:34:08 IST Reason: Location: High Court of Judicature at Allahabad

Inkar @ Amit Khan v. State of U.P.

Case brief

What is this about?

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Inkar @ Amit Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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