Rizwan v. State of U.P.
Case brief
What is this about?
In a bail application under the N.D.P.S. Act, the Allahabad High Court granted bail noting deficiencies in the seizure procedure and lack of commercial quantity, ruling that criminal history alone does not preclude bail.
What did the court decide?
The applicant was released on bail on furnishing a personal bond and two sureties subject to conditions regarding evidence tampering, witness intimidation, and surrender.
What the court decided
Neutral Citation No. - 2023:AHC:177951
Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33735 of 2023
Applicant :- Rizwan Opposite Party :- State of U.P. Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vikram D. Chauhan,J.
- Learned A.G.A. for the State submits that instructions have been received in the case and the bail application may be heard. With the consent of learned A.G.A. for the State, the bail application is being heard at this stage.
- Heard learned A.G.A. for the State and perused the record with the assistance of learned A.G.A. for the State.
- A recovery of 19 gm of Alprazolam tablets is alleged by the prosecution to have been recovered from the public place. Learned A.G.A. for the State submits that the quantity of the alleged substance recovered is below commercial quantity. He further submits that the applicant has two criminal history, however, the same did not pertain to N.D.P.S. Act. The applicant is in jail since 8.6.2023. The alleged recovery is made on 7.6.2023 at 15:00 hours.
- Learned A.G.A. submits that recovery of abovementioned substance is below commercial quantity. It is further submitted that at the pre-trial stage, the innocence of applicant cannot be adjudged.
Issues for consideration
2 issues framed by the court
Whether bail should be granted in an N.D.P.S. case where the recovered quantity is below commercial quantity and evidence regarding lawful seizure is deficient.
Whether the applicant's criminal antecedents warrant denial of bail.
Parties & counsel
- applicant
Rizwan
Coram
Vikram D. Chauhan
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- BAIL/33735/2023
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