Court dismissed bail application for applicant in N.C.B. case involving recovery of ganja, rejected based on severity, ordered day-to-day trial with one-year completion limit.
Bail application dismissed; trial directed to be conducted on day-to-day basis and concluded within one year.
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Court No. - 68
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6438 of 2022
Applicant :- Mohan Yadav Opposite Party :- Union of India Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- Ashish Pandey
Hon'ble Ajay Bhanot,J.
Heard Shri Ajay Sengar, learned counsel for the applicant and Shri Ashish Pandey, learned counsel for the NCB.
By means of this bail application the applicant has prayed to be enlarged on bail in N.C.B. Crime No.0026 of 2021 at Police Station-N.C.B. Lucknow under Sections 8/20/29/63(3) of the Narcotic Drug and Psychotropic Substances Act, 1985 of the NDPS Act. The applicant is in jail since 28.06.2021.
The bail application of the applicant was rejected by learned Additional Sessions Judge, Court No.5, /Special Judge (NDPS Act), Gorakhpur on 29.07.2021.
140 Kg. Ganja was recovered from the applicant and the two other co-accused persons.
Shri Ashish Pandey, learned counsel for the NCB submits that all mandatory provisions of the NDPS Act have been complied with. There is all likelihood that the offence has been committed by the applicant.
Considering the gravity of the offence and the likelihood of the applicant having committed the crime, the Court is of the opinion that at this stage no case for bail is made out.
The bail application is dismissed.
The trial court concerned is directed to conduct the trial on day to day basis and conclude the trial within a period of one year from the date of production of certified copy of this order.
The learned trial court shall take all necessary coercive measures as per law to ensure that timely attendance of witnesses in trial proceedings as and when required.
All police and administrative authorities of the State are also directed to come to the aid of the trial court to ensure the presence of witnesses on the appointed day before the trial court.
Order Date :- 26.5.2022 Ashish Tripathi
Digitally signed by ASHISH NAYAN TRIPATHI Date: 2022.06.01 16:56:34 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail can be granted in a case involving confiscation of 140 kg of ganja under the NDPS Act.
Whether the trial must be concluded within one year of this order.
1 provisions across 1 enactments
Mohan Yadav
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
