Dismissed

Washim Khan @ Shahid Khan v. State of U.P.

Allahabad HC1 Jun 2022BAIL/7967/2022

Case brief

AI extract

What is this about?

The applicant was involved in manufacturing heroin and recovery of materials. A Single Judge dismissed the bail application stating no case for bail existed. The interview suggests potential violations of NDPS Act. The judge upheld denial of bail, ordered expedited trial within one year, and directed coercive measures for witnesses.

What did the court decide?

Bail dismissed, trial to conclude within one year, coercive measures for witnesses directed to enforcement authorities.

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

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Court No. - 43

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7967 of 2022 Applicant :- Washim Khan @ Shahid Khan Opposite Party :- State of U.P. Counsel for Applicant :- Rajendra Kumar Yadav Counsel for Opposite Party :- G.A.,Ashish Pandey

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Hon'ble Ajay Bhanot,J.

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Heard Sri Rajendra Kumar Yadav, learned counsel for the applicant, Sri Ashish Pandey, learned counsel for the NCB and learned A.G.A for the State.

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The applicant is engaged in manufacturing of Heroin. The materials which are required for preparation of Heroin were recovered from the residential premises of the applicant. Huge quantity of Heroin too was recovered. Learned counsel for the NCB, Sri Ashish Pandey contends that all statutory mandatory provisions have been complied with and the forensic science laboratory report confirms that the substance recovered was a narcotic drug prohibited under the NDPS Act.

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At this stage no case for bail is made out. However, interest of justice will be served by directing the learned trial court to expedite the trial instead of enlarging the applicant on bail at this stage.

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The bail application is dismissed.

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The trial court is directed to conclude the trial within a period of one year from the date of receipt of a certified copy of this order. The learned trial court shall proceed with the hearing on a day to day basis to

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ensure that the above stipulated timeline of one year is strictly adhered to. All prosecution witnesses also are directed to cooperate with the trial proceedings.

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The learned trial court shall promptly take out all strict coercive measures against all the witnesses in accordance with law who fail to appear in the trial proceeding.

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Police and administrative authorities of the State are also directed to ensure that the coercive measures adopted by the court are given effect to in a scrupulous manner to ensure the presence of the witnesses on the appointed date before the trial court.

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Order Date :- 1.6.2022 Pravin

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Digitally signed by PRAVIN VERMA Date: 2022.06.03 11:42:28 IST Reason: Location: High Court of Judicature at Allahabad

Washim Khan @ Shahid Khan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Washim Khan @ Shahid 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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Issues for consideration

Statutes considered

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