The applicant challenged his bail rejection in an NDPS case involving Charas without a forensic lab report. The High Court allowed bail, finding merit in the contention that the absence of such a report undermines the prosecution's case.
Bail granted upon furnishing a personal bond and two sureties in the like amount; standard bail conditions imposed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9443 of 2022
Applicant :- Rahmat Ali Opposite Party :- State of U.P. Counsel for Applicant :- Ashwani Kumar Pathak Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 114 of 2021 at Police Station G.R.P. District Gorakhpur under Section 8/20 N.D.P.S. Act. The applicant is in jail since 10.11.2021.
The bail application of the applicant was rejected by learned Additional District & Sessions Judge, FTC-I, Gorakhpur, on 28.01.2022.
Shri Ashwani Kumar Pathak, counsel for the applicant contends that the applicant has been falsely implicated in the instant case. Learned counsel for the applicant further submits that chargesheet has been filed in this case. Recovery of 2.524 kg. Charas was shown from the applicant. The aforesaid recovery is false. The police authorities have submitted a chargesheet. However no forensic science laboratory report which establishes that the recovered substance is Charas within the meaning of prohibited drug, has been submitted. The prosecution case even if taken on its face value does not make out a criminal case against the applicant. In the absence of forensic science laboratory report it cannot be established before the
court that the applicant was in possession of narcotic drug under the NDPS Act.
The Inspector General of Police, Gorakhpur Range, Gorakhpur shall initiate a proper departmental enquiry into the proceedings and take appropriate action as per law against the defaulting officials who neglected to file chargesheet without a forensic science laboratory report. The allegations to this effect has been specifically made in para 3 of the rejoinder affidavit. The said fact cannot be refuted by the learned AGA.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Rahmat Ali be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not influence any witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) The applicant shall not directly or indirectly make 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 to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 10.6.2022 Pravin
Digitally signed by PRAVIN VERMA Date: 2022.06.14 13:35:08 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in a case under the NDPS Act where no forensic science laboratory report was filed establishing the nature of the recovered substance.
1 provisions across 1 enactments
Rahmat Ali
Ajay Bhanot
Pravin Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
