In a criminal miscellaneous bail application under the NDPS Act, the High Court allowed bail to the applicant considering the quantity of ganja recovered was below commercial limits and he had no prior NDPS convictions.
Applicant released on bail under FIR No.0140 of 2022 in terms of a personal bond with two sureties.
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.
Neutral Citation No. - 2023:AHC-LKO:44810
Court No. - 11
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 453 of 2023
Applicant :- Mohit Mishra Opposite Party :- State Of U.P. Thru. Its Secy. Deptt. Of Home Lko. Counsel for Applicant :- Ravindra Shukla Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
1. Heard learned counsel for the applicant, learned AGA and perused the record.
2. It is argued that as per the FIR allegations, the recovery alleged against the applicant is of 1 Kg 500 Gm of Ganja , which is less than the commercial quantity. The criminal history of the applicant has been explained and none of the cases pertain to the NDPS Act.
3. Learned AGA has opposed the bail application.
4. Considering the fact that the recovery is less than commercial quantity, the applicant is entitled to be enlarged on bail. In view thereof, the application is allowed.
5. Let the applicant Mohit Mishra be released on bail in FIR No.0140 of 2022, under Section 8/20 of NDPS Act, P.S. Jaisinghpur, District Sultanpur on his furnishing a personal bond with two sureties of the like amount each to the satisfaction of court concerned with the following conditions:
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(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.
Order Date :- 11.7.2023 nishant
Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant is entitled to bail given the recovery is less than commercial quantity and he has no criminal history pertaining to NDPS.
Whether conditions for bail under NDPS Act can be specified.
1 provisions across 1 enactments
Mohit Mishra
State Of U.P. Thru. Its Secy. Deptt. Of Home Lko.
Pankaj Bhatia
As recorded by the court registry
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