The Allahabad High Court allowed a bail application for an accused caught in possession of alprazolam. The court held that mandatory procedures under the NDPS Act were not followed during the search, satisfying the primary condition for bail despite prior convictions.
The applicant was released on bail by executing a personal bond and producing 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:161057
Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3039 of 2023
Applicant :- Mustkeem Opposite Party :- State of U.P. Counsel for Applicant :- Santosh Kumar Gaur,Virendra Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
Crime No. 84 of 2022, under Section 21/22 N.D.P.S. Act & 419 IPC, P.S. G.R.P., District Prayagraj, 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:
(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 :- 9.8.2023 S.A.
Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad
2 issues framed by the court
Whether the mandatory requirements under Chapter V of the NDPS Act read with Section 100 Cr.P.C. were followed.
Whether the applicant's criminal antecedents negate the bail plea.
Colour shows how this judgement treated each authority
Mohd Muslim@ Hussain vs State (NCT of Delhi)Relied on¶10
Mohd Muslim@ Hussain vs State (NCT of Delhi); 2023 LiveLaw (SC) 260
5 provisions across 4 enactments
Mustkeem
Pankaj Bhatia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
