Arjun v. State of U.P.
Case brief
What is this about?
In a criminal miscellaneous bail application under the NDPS Act, the court allowed the applicant's bail, noting insufficiency of independent witnesses and procedural lapses by police during recovery of contraband below commercial quantity.
What did the court decide?
The applicant be released on bail upon furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court.
What the court decided
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 902 of 2022
Applicant :- Arjun Opposite Party :- State of U.P. Counsel for Applicant :- Ravi Prakash Singh 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 applicant has been falsely implicated in the present case by the police by showing false recovery of 350 grams diazepam which is less than commercial quantity i.e. 500 grams. There is no independent witness to support the prosecution version. The recovery shown by the Police is less than the commercial quantity. 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. Criminal history against the applicant has been explained through supplementary affidavit. Applicant is languishing in jail since 12.9.2021 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.
Issues for consideration
1 issue framed by the court
Whether the applicant is entitled to bail in a case involving possession of diazepam less than commercial quantity.
Parties & counsel
- applicant
Arjun
Coram
Subhash Chandra Sharma
Anurag Singh
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · March
- Registered
- Case no.
- BAIL/902/2022
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