Single Judge Court in Uttar Pradesh allowed bail to the applicant (Vicky) accused under Sections 21/22 NDPS Act and P.G. Act. The court noted arguments regarding false implication and alleged procedural lapses by police during recovery of 136.8 grams of Alprazolam.
Released on bail subject to payment of personal bond and two sureties each in the like amount.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45840 of 2020
Applicant :- Vicky Opposite Party :- State of U.P. Counsel for Applicant :- Pushpendra Singh,Mandeep Singh,Wahid Jamal 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 136.8 grams of Alprazolam, which is easily available in the market and little more than the commercial quantity i.e. 100 grams. 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 of the applicant. Applicant is languishing in jail since 30.09.2020 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.
Let the applicant- Vicky s/o Mansingh, involved in Case Crime No. 747 of 2020, under Section 21/22 NDPS Act, Police Station- Sikandrabad District - Bulandshahr be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
witness.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 10.3.2022 P Kesari
Digitally signed by PRACHI KESARWANI Date: 2022.03.11 14:12:09 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving 136.8 grams of Alprazolam recovered allegedly without following N.D.P.S. Act provisions.
Whether the breach of Section 50 N.D.P.S. Act regarding warrant countersigning warrants a withdrawal of bail.
2 provisions across 1 enactments
Vicky
State of U.P.
Subhash Chandra Sharma
Prachi Kesari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
