Allowed

Mohammad Adnan v. State of U.P.

Allahabad HC3 Nov 2023BAIL/45434/2023

Case brief

AI extract

What is this about?

The court allowed a bail application under the NDPS Act. It held that since the recovered quantity of Ganja was below the commercial threshold and recovery did not comply with Section 50 requiring presence of a gazetted officer, the applicant was entitled to release on personal bonds and sureties.

What did the court decide?

Applicant released on bail on personal bond and two sureties with conditions to attend hearings, not commit similar offences, and not tamper with evidence.

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

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Neutral Citation No. - 2023:AHC:212004

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Court No. - 44

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45434 of 2023 Applicant :- Mohammad Adnan Opposite Party :- State of U.P. Counsel for Applicant :- Amar Bahadur Maurya Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.

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The FIR in question was lodged alleging the recovery of 48.890 kilograms Ganja from three persons including the applicant.

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The contention of the Counsel for the applicant is that the recovery is below the commercial quantity. He argues that the alleged recovery is contrary to the mandate of Section 50 of the NDPS Act as the same has not been done in the presence of Gazetted Officer or Magistrate, even there are no independent witnesses. The applicant has no criminal antecedents.

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Learned A.G.A. vehemently opposed the bail prayer.

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Considering the fact that the recovery is less than commercial quantity and prima face, there being non-compliance of Section 50 of the NDPS Act and the applicant is in custody since 22.09.2023, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, the bail application is allowed.

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Let the applicant Mohammad Adnan be released on bail in FIR/ Case Crime No.117 of 2023, under Section 8/20/60 of the NDPS Act, Police Station Naugarh, District Chandauli 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:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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(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.

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Order Date :- 3.11.2023/Sachin

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

Mohammad Adnan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Mohammad Adnan v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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