The Allahabad High Court granted bail to the applicant in a narcotics case, accepting submissions that police falsely implicated him with no independent witnesses and procedural violations of Section 50 N.D.P.S. Act.
Applicant released on bail on personal bond and two sureties under specified conditions regarding evidence tampering and court attendance.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 54956 of 2022
Applicant :- Shokeen Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Supplementary affidavit, filed today, is taken on record.
Heard learned Counsel for the applicant and learned A.G.A. for the State.
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. 626 of 2022, under Section 18/20 N.D.P.S. Act, Police Station- Kairana, District- Shamli during pendency of the trial.
It is submitted that the applicant has been falsely implicated in the instant case. False recovery of 1.50 kg. Charas has been shown from the applicant. There is no independent witness to the alleged recovery. While weighing the recovered substance, the police has weighed it along with packing material. The police has deliberately shown the quantity of the alleged narcotics substance marginally higher in order to add to the gravity of the offence. No accurate scientific instruments were used for weighment. The mandatory provisions contained in section 50 of N.D.P.S. Act have not been complied with. The criminal history of the applicant has been explained in para 4 of the supplementary affidavit. The applicant is in jail since 12.11.2022. In case he is enlarged on bail, he will not misuse the said liberty.
Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.
Let the applicant, Shokeen involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that:
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 11.1.2023 S.S.
Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant entitled to bail under Section 439 Cr.P.C. in a case involving Section 18/20 N.D.P.S. Act.
Whether mandatory provisions of Section 50 of N.D.P.S. Act were complied with regarding false recovery.
3 provisions across 2 enactments
Shokeen
State of U.P.
Vivek Varma
Siddharth Srivastava
As recorded by the court registry
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