Allowed

Tahir v. State of U.P. through Its Secretary Home Gov. of U.P.

Allahabad HC16 Mar 2022BAIL/49368/2021

Case brief

AI extract

What is this about?

In this bail application under Sections 3, 20, and 29 of the NDPS Act involving 1.100 kg of charas, the court granted bail despite acknowledging the serious nature of the charge. The judgment notes non-compliance with procedural safeguards but relied on the reformative theory of punishment and Article 21.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties in like amount.

Tahir Vs State of U.P. through Its Secretary Home Gov. of… — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49368 of 2021

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Applicant :- Tahir Opposite Party :- State Of U.P. Through Its Secretary Home Gov. Of U.P. Counsel for Applicant :- Vivek Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Mrs. Sadhna Rani (Thakur),J.

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Heard Sri Pranav Dwivedi, learned counsel for the applicant as well as learned A.G.A. and perused the record.

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The accused- applicant Tahir is involved in Case Crime No.375 of 2021, under Sections 3/20/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Bilaspur, District- Rampur.

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It is argued by the learned counsel for the applicant that there is recovery of 1.100 kg charas from the possession of the applicant. There is no compliance of Sections 50, 51 and 52 of the N.D.P.S. Act. There is no eye witness of the alleged recovery. The applicant has no criminal history. He is languishing in jail since 11.10.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.

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Learned A.G.A. has opposed the bail application and argued that the recovered charas is 1.100 kg, which is above the commercial quantity. However, learned A.G.A. has not disputed the fact that the applicant is having no criminal history.

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Having heard the submissions of learned counsel of both sides, considering the seriousness of the charge and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant, Tahir , who is involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.

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The applicant will attend and co-operate in the trial pending before the court concerned on the dates fixed after release.

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He will not tamper with the witnesses.

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He will not indulge himself in any illegal activities during the bail period.

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The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 16.3.2022 Radhika

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Digitally signed by RADHIKA VISHWAKARMA Date: 2022.03.16 18:12:14 IST Reason: Location: High Court of Judicature at Allahabad

Tahir v. State of U.P. through Its Secretary Home Gov. of U.P.

Case brief

What is this about?

What did the court decide?

Tahir v. State of U.P. through Its Secretary Home Gov. of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

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