Sanfaraj v. State of U.P.
Case brief
What is this about?
Single judge allowed bail to the applicant in an NDPS case, finding mandatory procedural requirements for recovery were not followed and there were no grounds to fear tampering with evidence.
What did the court decide?
Released on bail by furnishing a personal bond and two sureties subject to conditions of appearance and non-interference with witnesses.
What the court decided
Neutral Citation No. - 2023:AHC:184328
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13722 of 2023
Applicant :- Sanfaraj Opposite Party :- State of U.P. Counsel for Applicant :- Alok Kumar Mishra,Amit Kumar Pandey,Avnish Chandra Tripathi,Shyam Singh Somvanshi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
- 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.
- Head Sri Amit Kumar Pandey, counsel for the applicant and learned A.G.A. for the State.
- 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. 62 of 2023, under Sections 8/20 N.D.P.S. Act, Police StationSector 63 NOIDA City, District- Gautam Budh Nagar during the pendency of trial.
- Counsel for the applicant submits that the applicant has been falsely implicated in the present case. False recovery of 31 Kg. 400 gm ganja has been shown from the applicant. There is no independent witness to the alleged recovery. No accurate scientific instruments were used for weighment. The police has deliberately shown the quantity of the alleged contraband higher in order to add gravity to the offence. The mandatory provisions of N.D.P.S. Act have been violated. It is next contended that the sampling has not been done in the presence of Magistrate, which is required under Section 52A of the NDPS Act. The applicant is in jail since 07.02.2023, having no criminal history and in case, he is enlarged on bail, he will not misuse the said liberty.
Issues for consideration
2 issues framed by the court
Whether the applicant is entitled to bail given non-compliance with NCOTP under Chapter V of the NDPS Act.
Whether the applicant poses a flight risk or threat to evidence requiring denial of bail.
Parties & counsel
- applicant
Sanfaraj
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/13722/2023
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