Ankit v. State of U.P.
Case brief
What is this about?
The Allahabad High Court granted bail to the applicant in a trial under Sections 8/21 of the NDPS Act. The Court found deficiencies in the recovery process and lack of apprehension regarding tampering or witness intimidation.
What did the court decide?
Released on bail by furnishing a personal bond and two sureties, subject to conditions regarding appearance, non-tampering, and non-intimidation.
What the court decided
Neutral Citation No. - 2023:AHC:160461
Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32533 of 2023
Applicant :- Ankit Opposite Party :- State of U.P. Counsel for Applicant :- Rajeev Kumar Pandey,Brij Lal Shukla
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.
- Heard learned counsel for the applicant and learned A.G.A. for the State-opposite party.
- The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 704 of 2023, under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, Police Station Indirapuram, District Ghaziabad during the pendency of trial.
- Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. False recovery of 110 grams alprazolam powder has been shown from the applicant. There is no independent witness to the alleged recovery. The mandatory provisions of Section 50 of the 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'. 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 to the gravity of the offence. No accurate scientific instruments were used for weighment. The criminal history of the applicant has been explained in Paragraphs- 5 and 6 of the supplementary affidavit. The applicant is in jail since 03.06.2023 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 under Section 439 Cr.P.C. given deficiencies in the recovery of narcotic substances and lack of prosecution apprehension.
Whether the mandatory provisions of Section 50 of the N.D.P.S. Act were complied with and the recovered substance weighed accurately.
Parties & counsel
- applicant
Ankit
- respondent
State of U.P.
Coram
Vivek Varma
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- BAIL/32533/2023
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