In a bail application under Section 37 of the NDPS Act, the Allahabad High Court rejected the prayer for release, finding no good ground for grant amidst allegations of involvement in naturalised and other related cases.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 78 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52590 of 2022 Applicant :- Bittu @ Bittu Singh @ Gautam Opposite Party :- State of U.P. Counsel for Applicant :- Sudhakar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Rejoinder affidavit filed today on behalf of the applicant, is taken on record.
Heard learned counsel for the applicant and learned A.G.A on behalf of the State and perused the record.
The instant bail application has been filed on behalf of the applicant Bittu @ Bittu Singh @ Gautam with a prayer to release him on bail in Case Crime No.385 of 2022, under Section 8/20/60/37 N.D.P.S.Act, P.S. Sikandra, District Agra, during pendency of the trial.
It is alleged in the FIR that on 09.06.2022 police party while patrolling arrested co-accused persons and from their possession recovered 18 quintals and 20 kilogram ganja from Tanker No.UP-85AT8686. The Investigating Officer prepared detail list and sent for chemical examination. Name of the applicant was surfaced on the statement of co-accused, who were arrested on the spot, It is next argued by learned counsel for the applicant, that the applicant is innocent and has been falsely implicated in the present case. Applicant was not arrested from the spot, from the statement of the truck driver and other co-accused persons, his name surfaced in the present case. Applicant is languishing in jail since 23.08.2022.
Per contra, learned A.G.A opposed the bail application of the applicant and argued that from the possession of co-accused, 18 quintal ganja was recovered. From the statement of co-accused, it is clear that on the direction of applicant, alleged ganja was loaded from Orissa and in view of Section 37 of NDPS Act, applicant is not entitled to be released on bail. Moreover, applicant is involved in five other cases, which relates to NDPS Act.
Without expressing any opinion on the merits of the case and considering the submission advanced, I find no good ground for grant of bail to the applicant in the aforesaid case.
The bail application is, accordingly, rejected.
Order Date :- 23.1.2023 SKD
Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case under Section 37 of the NDPS Act.
Whether the involvement in five other NDPS cases precludes bail.
1 provisions across 1 enactments
Bittu @ Bittu Singh @ Gautam
Deepak Verma, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
