Allowed

Prakash Kori v. State of U.P.

Allahabad HC24 Jul 2023BAIL/19844/2023

Case brief

AI extract

What is this about?

Held that the applicant, Prakash Kori, is entitled to bail in a case under Sections 8/20 of the NDPS Act involving less than 2 kg of Ganja, as the recovery was contrary to Section 50 requirements and the applicant had been in custody since April 7, 2023.

What did the court decide?

Applicant Prakash Kori released on bail in FIR/Case 116/2023 under Sections 8/20 NDPS Act on personal bonds and two reliable sureties.

Prakash Kori Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:147027

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19844 of 2023

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Applicant :- Prakash Kori Opposite Party :- State of U.P. Counsel for Applicant :- Dev Prakash Sharma,Chandra Prakash Tiwari,Priyanka Devi Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1 . Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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2 . The FIR in question was lodged alleging the recovery of 2 kilograms of Ganja from the applicant and the said recovery is less than commercial quantity.

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3 . The contention of the Counsel for the applicant is that the alleged recovery is contrary and without following the mandate of Section 50 of the NDPS Act. He argues that non following the mandate of Section 50 renders the entire recovery bad in law. He further argues that the alleged recovery is less than commercial quantity.

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4 . Learned A.G.A. vehemently opposed the bail prayer.

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5 . Considering the fact that the recovery is less than commercial quantity and prima face , there being non-compliance of Section 50 of the NDPS Act and the applicant is in custody since 07.04.2023, I am of the view that the applicant is entitled to be released on bail.

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6. Accordingly, the bail application is allowed .

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7. Let the applicant Prakash Kori be released on bail in FIR/ Case Crime No.116 of 2023, under Sections 8/20 of the NDPS Act, Police Station KUlpahad, District Mahoba on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions:

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

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

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(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.

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Order Date :- 24.7.2023 akverma

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Digitally signed by :- ASHOK KUMAR VERMA High Court of Judicature at Allahabad

Prakash Kori v. State of U.P.

Case brief

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Prakash Kori v. State of U.P.

Case brief

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