Allowed

Manoj Kumar v. the Zonal Director Narcotics Control Bureau

Allahabad HC24 May 2022BAIL/9807/2021

Case brief

AI extract

What is this about?

The High Court allowed a bail application filed by an applicant charged under the NDPS Act. Relying on alleged procedural violations under Sections 42 and 50 of the Act, the court released the applicant on personal bond and two sureties after noting delays in the trial.

What did the court decide?

Applicant released on bail on personal bond and two sureties; no observation on merits of the case.

Manoj Kumar Vs the Zonal Director Narcotics Control Bureau — Narcotics (NDPS) | Allahabad HC (2022)

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Court No. - 68

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9807 of 2021

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Applicant :- Manoj Kumar Opposite Party :- The Zonal Director Narcotics Control Bureau Counsel for Applicant :- Dhirendra Kumar Srivastava,Pratap Kanchan Singh Counsel for Opposite Party :- Pranay Krishna,Ashish Pandey

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Hon'ble Ajay Bhanot,J.

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By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 39 of 2019 at Police Station N.C.B. Lucknow, District Kanpur Nagar under Section 8/18/29 N.D.P.S. Act. The applicant is in jail since 17.10.2019.

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The bail application of the applicant was rejected by learned Additional Sessions Judge/Special Judge (NDPS Act) Kanpur Nagar, on 21.10.2020.

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Shri Pratap Kanchan Singh, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. 5.8 Kg. Opium was planted on the person of the applicant to frame him in the instant criminal case to show proficiency of police investigators. The weight of the recovered substance as stated in the FIR is unreliable as accurate scientific instruments were not used for weighment. The weight of the recovered substance is infact lesser than 2.5 kg, which is the notified commercial quantity under the NDPS Act. No forensic science laboratory report has been submitted which confirms that the substance allegedly recovered is prohibited under the NDPS Act.

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There is no independent witness to the alleged recovery. The mandatory provisions of Section 42 and Section 50 of the NDPS Act have been violated.

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Further the applicant is in jail since 17.10.2019. However the applicant has not been charged by the trial court till date. Considering the pace of trial, the trial is not likely to be concluded at time in the near future. The applicant shall remain imprisoned indefinitely on account of inordinate delay in the trial. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case.

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Shri Paritosh Kumar Malviya, learned A.G.A for the State and Sri Ashish Pandey, learned counsel for the Narcotics Control Bureau, could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application.

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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.

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In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant- Manoj Kumar be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount

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to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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

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(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.

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

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Order Date :- 24.5.2022 Pravin

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Digitally signed by PRAVIN VERMA Date: 2022.05.25 18:20:33 IST Reason: Location: High Court of Judicature at Allahabad

Manoj Kumar v. the Zonal Director Narcotics Control Bureau

Case brief

What is this about?

What did the court decide?

Manoj Kumar v. the Zonal Director Narcotics Control Bureau

Case brief

What is this about?

What did the court decide?

What the court decided

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