In a bail application u/s 439 Cr.P.C. challenging arrest in a narcotics case, the Court observed allegations of false recovery and non-compliance with N.D.P.S. Act. Without commenting on merits, the Court granted bail via personal bond and sureties.
Released on bail by furnishing personal bond and two sureties in the like amount subject to conditions.
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. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56428 of 2022
Applicant :- Kalu Mangta Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Ganguli,Utsav Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Sri Vikas Sahai, learned AGA for the State-opposite party.
The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in F.I.R. No. 0490 of 2022, under Sections 21 and 22 of N.D.P.S. Act, Police Station- Jhunsi, District- Prayagraj, during the pendency of trial.
It is submitted that the applicant has been falsely implicated in the instant case. False recovery of 140 gm of Alprazolam was shown from the applicant. There is no independent witness to the recovery. The mandatory provisions of N.D.P.S. Act have not been complied with. There is no F.S.L. report to establish that the substance recovered is Alprazolam. While weighing the recovered substance, the police has weighed it along with packing material, in which it was kept. 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. Apart from the instant case, the applicant is involved in Case Crime No. 0222 of 2017, under Sections 4 & 5 of Explosive Substance Act. In the said case, the applicant has been granted bail. The applicant is in jail since 26.09.2022. In case he is enlarged on bail, he will not misuse the said liberty.
Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.
Perused the material on 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- Kalu Mangta involved in aforesaid case be released on bail on his furnishing a personal bond and two
sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:
(iii) shall not pressurize the prosecution witnesses.
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 :- 17.1.2023 Sachin Mishra
Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to be enlarged on bail in a case u/s 21 and 22 of N.D.P.S. Act given allegations of false recovery and lack of independent witnesses.
Whether the mandatory provisions of N.D.P.S. Act have been complied with during recovery.
1 provisions across 1 enactments
Kalu Mangta
State of U.P.
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
