Treta Dev v. N.C.B.

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33951 of 2022

Applicant :- Treta Dev Opposite Party :- N.C.B. Counsel for Applicant :- Som Veer Counsel for Opposite Party :- Ashish Pandey

Hon'ble Vivek Kumar Singh,J.

Heard Sri Som Veer, learned counsel for applicant and Sri Ashish Pandey, learned counsel for the department and perused the record.

Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case due to ulterior motive, on the basis of false and planted recovery of 6.215 kilograms of opium has been recovered from the joint possession of three persons including the applicant and there is no public witness of the alleged recovery. It is further contended that mandatory provision of Section 50 of N.D.P.S Act has not been complied with. At the stage of consideration of bail it cannot be decided whether offer given to the applicant and his consent obtained was voluntary. These are the questions of fact which can be determined only during trial and not at the present stage. In case of prima facie non-compliance of mandatory provision of Section 50 the accused is entitled to be released on bail within the meaning of Section 37 of N.D.P.S. Act. The applicant has no criminal history. It is also submitted that the applicant is in jail since 30.7.2021 and he undertakes that he will not misuse liberty, if granted.

Learned counsel for the department has opposed the prayer for bail by contending that the innocence of the applicant cannot be adjudged at pre-trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity. The "reasonable grounds" mentioned in Section 37(1)(b)(ii) of NDPS Act mean something more than prima facie ground. It implies substantial probable causes for believing that accused is not guilty of the offence charged and points to existence of such facts and circumstances which are sufficient to hold that accused is not guilty.