Dismissed

Sanjay Kumar v. State of U.P.

Allahabad HC28 Mar 2023BAIL/5062/2023

Case brief

AI extract

What is this about?

The Allahabad High Court rejected a bail application in an NDPS case involving the recovery of 85 kg of ganja. The court held that the commercial quantity precluded release, emphasizing the stringent provisions of Section 37 over the applicant's lack of prior history or one-and-a-half-year incarceration.

What did the court decide?

The bail application is rejected; the applicant is not entitled to release on bail.

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

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Court No. - 88

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5062 of 2023

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Applicant :- Sanjay Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Sachin Kanaujiya,Shivam Kanojiya Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Counter affidavit filed today on behalf of the State is taken on record.

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Heard Sri Sachin Kanaujiya, learned counsel for the applicant and Sri Amit Kumar Shukla, learned Brief Holder for the State.

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The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 1163 of 2021, under Sections 8/20 N.D.P.S. Act, Police Station Vijay Nagar, District Ghaziabad during pendency of the trial.

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According to the prosecution case, on the basis of information received a car was intercepted by the police and it was found that applicant was driving the car and from the car total 85 Kg. Ganja was recovered.

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Learned counsel for the applicant submitted that entire allegation made against the applicant is totally false and baseless and in fact nothing incriminating was recovered from the possession of applicant and applicant on the basis of false recovery of Ganja has been made accused in the present matter by the local police. He further submits that local police forcibly taken away the applicant from his house and thereafter implicated him in the present matter. He further submits that even as per the recovery memo the alleged recovered Ganja was of one Santosh @ Sanjay @ Babu Singh but in spite of this information furnished by the applicant, above noted Santosh @ Sanjay @ Babu was not made accused in the present matter. He further submits that after recovery mandatory standing instructions with regard to sampling have not been complied with and applicant is not having any criminal history and in the present matter he is in jail since 22.08.2021 i.e. for last about one and half years.

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Per contra, learned AGA opposed the prayer for bail and submitted

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that from the possession of applicant huge quantity of 85 Kg. Ganja was recovered, which is commercial quantity, therefore, considering the provisions of Section 37 of N.D.P.S. Act applicant is not entitled to be released on bail.

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I have heard learned counsel for the parties and perused the record of the case.

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Although, applicant is not having any previous criminal history and in the present matter he is in jail since August, 2021 but from his possession 85 Kg. Ganja was recovered, which is huge commercial quantity. There is no material before this Court on the basis of which it can be inferred that applicant is not guilty and he will not again commit such offence while on bail. As from the possession of applicant huge quantity of 85 Kg. Ganja was recovered, therefore, at this stage possibility cannot be ruled out that he will not again indulge in such offences.

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Therefore, considering the stringent provision of Section 37 of N.D.P.S. Act Act, in my view, merely on the basis of incarceration of one and half years, applicant is not entitled to be released on bail.

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Accordingly, the instant bail application is rejected.

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Order Date :- 28.3.2023 AK Pandey

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Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad

Sanjay Kumar v. State of U.P.

Case brief

What is this about?

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Sanjay Kumar v. State of U.P.

Case brief

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