Allowed

Narveer v. State of U.P. Thru. Prin. Secy. Home Lko

Allahabad HC6 Jul 2023/1009/2023

Case brief

AI extract

What is this about?

The court allowed the bail application for Narveer, an accused under sections 8 and 21 of the NDPS Act. The court noted the recovered quantity of contraband was below commercial quantity and the applicant had been in jail since 21.08.2022, deeming him entitled to bail subject to bonding and conditions.

What did the court decide?

Applicant released on bail in F.I.R. No. 609 of 2022 subject to personal bond and two sureties with specific conditions regarding attendance and conduct.

Narveer Vs State of U.P. Thru. Prin. Secy. Home Lko — Narcotics (NDPS) | Allahabad HC (2023)

¶1

Neutral Citation No. - 2023:AHC-LKO:43631

¶2

Court No. - 11

¶3

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1009 of 2023

¶4

Applicant :- Narveer Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko, Counsel for Applicant :- Shobh Nath Yadav,Amit Kumar,Shailesh Kumar Singh Counsel for Opposite Party :- G.A.

¶5

Hon'ble Pankaj Bhatia,J.

¶6

Heard learned counsel for the applicant, learned AGA and perused the record.

¶7

The accused-applicant seeks bail in Case Crime No.609 of 2022 under section 8/21 NDPS Act, P.S Mohammadi, District Lakhimpur Kheri.

¶8

It is argued that the applicant was apprehended with the allegation of recovery of fifty five grams of Alprazolam powder, which is less than the commercial quantity. The counsel for the applicant argues that mandatory provisions enumerated under N.D.P.S. Act for search and seizure have not been followed in strict sense. There is no independent witness of the alleged offence/recovery. The applicant is in jail since 21.08.2022. It has also been submitted that the criminal history as pointed out by the learned AGA has been explained in para 9 of the bail application and the applicant is not wanted in any case related to NDPS Act. Learned counsel submits that in case the applicant released on bail, he will not misuse the liberty of bail and will cooperate in trial.

¶9

Learned AGA has vehemently opposed the prayer for bail and submitted that the recovery is more than the small quantity and the provisions of the NDPS Act has been complied with during the raid. It has also been submitted that looking to the criminal history, the applicant is not entitled for bail but he could not contradicted the aforesaid fact.

¶10

Keeping in view the quantity of recovered contraband, which is less than the commercial quantity coupled with the fact that the applicant in in jail since 21.08.2022, the applicant is entitled for bail. The bail application is allowed.

¶11

Let the applicant Narveer be released on bail in aforesaid first information report number subject to his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court below concerned with the

¶12

following conditions:

¶13

(a) The applicant shall execute a bond to undertake to attend the hearings;

¶14

(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission;

¶15

and

¶16

(c) 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.

¶17

Order Date :- 6.7.2023 VNP/-

¶18

Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Narveer v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

What is this about?

What did the court decide?

Narveer v. State of U.P. Thru. Prin. Secy. Home Lko

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Rishi Vs State of U.P. Thru. Prin. Secy. Home, Lko. and Others

Govind Vs State of U.P. Thru. Prin. Secy. Home Lko.

Muskan Vs the State of U.P. Thru. Prin. Secy.Home Lko.

Sumit Alias Chhuttan Yadav Vs State of U.P. Thru. the Prin. Secy. Home Deptt. Lko. and Others

Jai Singh Yadav Vs State of U.P. Thru. Addl. Chief Secy. Civil Lko.

Vikas Kumar Nag Vs State of U.P. Thru. Prin. Secy. Home Civil Secrett. Lko. and 3 Others