Allowed

Shankar Sachdeva v. Union of India

Allahabad HC10 Mar 2022BAIL/7604/2020

Case brief

AI extract

What is this about?

In this bail application, the High Court of Judicature at Allahabad allowed the applicant's release on bail. The court held that the applicant made out a case for bail considering the lack of independent witnesses at recovery and non-compliance with Section 50 of the NDPS Act, despite the quantity of drugs involved.

What did the court decide?

Release of the applicant on bail by furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Shankar Sachdeva Vs Union of India — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7604 of 2020

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Applicant :- Shankar Sachdeva Opposite Party :- Union of India Counsel for Applicant :- Devesh Kumar,Rakesh Pathak Counsel for Opposite Party :- A.S.G.I.,Krishna Agarawal,N. D. Rai

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicant, learned counsel for Central Bureau of Narcotics and perused the record.

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It is submitted by learned counsel for the applicant that he has been falsely implicated by the police by showing false recovery of 380 grams of heroine, which is little more than the commercial quantity i.e. 250 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 criminal history of only one case under Section 380 IPC against the applicant in which he is on bail. Applicant is languishing in jail since 29.03.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. opposed the prayer for bail.

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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.

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Let the applicant- Shankar Sachdeva s/o Late Jagdish Sachdeva, involved in Case Crime No. 187 of 2019, under Section 8/21 NDPS Act, Police Station-N.C.B. Ghazipur, District - Varanasi 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:

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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/ intimidate the prosecution witness.

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

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any 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 or to any police officer or tamper with the evidence.

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

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Order Date :- 10.3.2022 P Kesari

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Digitally signed by PRACHI KESARWANI Date: 2022.03.11 14:11:25 IST Reason: Location: High Court of Judicature at Allahabad

Shankar Sachdeva v. Union of India

Case brief

What is this about?

What did the court decide?

Shankar Sachdeva v. Union of India

Case brief

What is this about?

What did the court decide?

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