Allowed

Kamal @ Kalam v. State of U.P.

Allahabad HC22 Sept 2023BAIL/11275/2023

Case brief

AI extract

What is this about?

The court granted bail to the applicant in a case involving narcotics offenses. The decision was based on procedural violations regarding recovery under the NDPS Act, lack of independent witnesses, absence of an F.S.L. report, and the length of confinement, despite the State's opposition.

What did the court decide?

Applicant released on bail on furnishing a personal bond and two sureties subject to appearing on trial dates and not tampering with evidence or pressuring witnesses.

Kamal @ Kalam Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:184203

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11275 of 2023

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Applicant :- Kamal @ Kalam Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Dubey Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Learned A.G.A. for the State submits that the instructions have been received and he has no objection in case the bail application is decided on merits.

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Head counsel for the applicant and learned A.G.A. for the State.

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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 714 of 2022, under Sections 8/21 N.D.P.S. Act & Sections 411 and 414 of I.P.C., Police Station- Tronika City, District- Ghaziabad during the pendency of trial.

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Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. False recovery of 130 grams alprazolam powder and a motorcycle has been shown from the applicant. There is no independent witness to the alleged recovery. The mandatory provisions of section 50 of N.D.P.S. Act have not been complied with. There is no F.S.L. report to establish that the substance recovered is 'alprazolam powder'. While weighing the recovered substance, the police has weighed it along with packing material. The police has deliberately shown the quantity of the alleged narcotics substance marginally higher in order to add gravity to the offence. No accurate scientific instruments were used for weighment. The criminal history of the applicant has been explained in para no. 3 of the supplementary affidavit. The applicant is in jail since 10.12.2022. In case, he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard counsel for the state and having perused the record this Court prima facie finds that the mandate of Chapter 5 of the N.D.P.S. Act has not been followed. The sampling has not been done in the presence of Magistrate, which is required under

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Section 52A of the NDPS Act. There is no independent witness to the recovery. Further, the applicant has remained confined for more than nine months and after submission of the charge-sheet there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant Kamal @ Kalam, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence;

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(iii) shall not pressurize the prosecution witnesses.

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

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Order Date :- 22.9.2023 Sachin Mishra

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Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad

Kamal @ Kalam v. State of U.P.

Case brief

What is this about?

What did the court decide?

Kamal @ Kalam v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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