Allowed

Naushad v. State of U.P.

Allahabad HC10 Apr 2023BAIL/55663/2022

Case brief

AI extract

What is this about?

In a criminal miscellaneous bail application under Sections 8/20 of the NDPS Act involving a recovery of non-commercial quantity of charas, the High Court allowed the applicant's bail by relying on the non-applicability of Section 37 and prior bail grants, imposing standard conditions.

What did the court decide?

Released on bail by furnishing a personal bond and two sureties subject to appearance, non-tampering, and no criminal activity.

Naushad 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. - 55663 of 2022

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Applicant :- Naushad Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Faisal Khan Counsel for Opposite Party :- G.A.

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Hon'ble Sameer Jain,J.

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Rejoinder affidavit filed today on behalf of the applicant is taken on record.

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Heard Sri Jagdeesh Prasad Mishra, learned counsel for the applicant and Sri Varun Kumar Agnihotri, learned brief holder for the State-respondent.

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The instant application has been filed seeking release of the applicant on bail in Case Crime No. 589 of 2022, under Sections 8/20 NDPS Act, Police Station- Kairana, District- Shamli, during pendency of the trial in the court below.

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According to the prosecution case, from the possession of applicant 500 gm. charas was recovered.

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Learned counsel for the applicant submitted that entire allegations made against the applicant are totally false and baseless and in fact nothing incriminating was recovered from the possession of the applicant. He further submitted that the alleged recovered charas is below the commercial quantity, therefore, provisions of Section 37 NDPS Act is not applicable in the present matter and applicant, in the present matter, is in jail since 24.10.2022 i.e. for last about 6 months.

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He further submitted that although, applicant is having criminal history of two other cases but criminal history of the applicant has been explained in paragraph no. 15 of the rejoinder affidavit and although, both the cases were of NDPS Act but on the basis of small quantity of contraband, applicant has falsely been implicated in both these cases and therefore, considering the nature of allegation and recovery made from the possession of the applicant, he should be released on bail.

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

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that earlier also two times applicant was made accused under the provisions of NDPS Act but could not dispute the fact that in both the earlier cases, on the basis of non-commercial quantity, applicant was made accused and in the present matter, it is alleged that from the possession of applicant 500 gm. charas was recovered which is also not a commercial quantity.

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

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Although, earlier also applicant was made accused in two cases of NDPS Act but in both the cases he has been released on bail and it appears that in one case, on the basis of recovery of 125 gm. charas, he was made accused and in the present matter, as per prosecution, from his possession 500 gm. charas was recovered which is also not a commercial quantity, therefore, in the present matter Section 37 of NDPS Act will not applicable and in the present matter, applicant is in jail for last about six months, therefore, in my view, applicant is entitled to be released on bail.

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Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed .

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Let the applicant- Naushad be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

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(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

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(ii) The applicant shall not directly or indirectly, make 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 any police officer or tamper with the evidence.

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(iii) The applicant shall not indulge in any criminal and anti-social activity.

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In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

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Order Date :- 10.4.2023

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KK Patel

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Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad

Naushad v. State of U.P.

Case brief

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Naushad v. State of U.P.

Case brief

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