Allowed

Shahabuddin v. State of U.P.

Allahabad HC18 Sept 2023BAIL/36075/2023

Case brief

AI extract

What is this about?

This High Court allowed bail to the applicant in an N.D.P.S Act case after finding that the recovery procedure violated statutory requirements regarding independent witnesses, sampling rules, and F.S.L. reports. Convicting evidence was deemed heavily against the State.

What did the court decide?

Released on bail on personal bond and two sureties, subject to appearance, non-tampering with evidence, and non-intimidation of witnesses.

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

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Neutral Citation No. - 2023:AHC:180971

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Court No. - 74

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36075 of 2023

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Applicant :- Shahabuddin Opposite Party :- State of U.P. Counsel for Applicant :- Ram Niwas Singh,Mayank Krishna S Chandel,Vinod Kumar Chandel Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Mr. Neeraj Kumar Sharma, 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.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 105 of 2023, under Sections 8/20 of the Narcotic Drugs and Psychotropic Substnces Act, 1985, Police Station- Chiraiyakot, District- Mau during the pendency of trial.

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Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. False recovery of 51.800 kg. Ganja (4 packets and 1 sack) has been shown from a vehicle. There is no independent witness to the alleged recovery. The mandatory provisions contained under Sections 41, 42, 43 and 50 of the N.D.P.S. Act have not been complied with. The procedure of sampling is in violation of the provision conferred under the N.D.P.S. Act. There is no F.S.L. report to establish that the packets contain Ganja. The applicant is in jail since 09.07.2023 having no criminal history. In case, he is enlarged on bail, he will not misuse the said liberty.

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Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Having heard counsel for the state and after perusal of the record, this Court prima facie finds that the mandate of Chapter 5 of the N.D.P.S. Act has not been followed. There is no independent

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witness to the alleged recovery. The procedure of sampling adopted is in violation of the Rule 10 (1) of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022. Further the applicant has no criminal antecedent and has remained confined for more than two months and after submission of the charge-sheet there is no hope of early conclusion of trial, and no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or delay the trial or intimidate the witness, therefore, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

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Let the applicant- Shahabuddin, involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

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(i) shall appear on the date fixed by the trial court;

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(ii) shall not tamper with the prosecution evidence; and,

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(iii) shall not pressurize the prosecution witnesses.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.

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Order Date :- 18.9.2023 SKT/-

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Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad

Shahabuddin v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shahabuddin v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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