Hon'ble Ajay Bhanot, J. allowed bail in a criminal matter under Sections 8/20 of NDPS Act. The court accepted arguments that the applicant was falsely implicated and recovered quantities were below notifiable limits without making observations on merits.
Released on bail furnishing personal bond and two sureties each in like amount to satisfaction of court below.
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. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57013 of 2022
Applicant :- Languriya Opposite Party :- State of U.P. Counsel for Applicant :- Neha Tripathi,Vinay Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
By means of the the bail application the applicant has prayed to be enlarged on bail in Case Crime No.234 of 2022 at Police Station-Shergarh, District-Mathura under Sections 8/20 of NDPS Act. The applicant is in jail since 14.11.2022.
The bail application of the applicant was rejected by the learned trial court on 24.11.2022.
The following arguments made by Shri Vinay Kumar Tripathi, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Munne Lal, learned AGA from the record, entitle the applicant for grant of bail:
(1). 8.420 Kg. Ganja was planted on the applicant to implicate him in this case to burnish the credentials of the police authorities.
(2). There is no independent witness to the recovery.
(3). The recovered quantity is less than the notified commercial quantity under the NDPS Act.
(4). No reliable forensic science laboratory report
drawn up in accordance with latest scientific protocol by experts which affirms that the seized substance is a prohibited drug has been produced.
(5). The search and seizure has been made in violation of the mandatory provisions of the NDPS Act.
(6). The applicant has explained his criminal history. It is also contended that the applicant belongs to the economically poor strata of the society and is a convenient scapegoat for the police authorities. The applicant has been falsely nominated in a number of cases only to show the proficiency of the police investigators. The said cases do not have any bearing on the instant bail application.
(7). The applicant is not a flight risk. The applicant being a law abiding citizen has always cooperated with the investigation and undertakes to cooperate with the court proceedings. There is no possibility of his influencing witnesses, tampering with the evidence or reoffending.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Languriya be released on bail in the aforesaid case crime number, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(ii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
Order Date :- 30.1.2023 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to bail in a case involving recoveries under the NDPS Act despite allegations of procedural violations and false implication.
Whether the lack of independent witnesses and forensic reports entitles the applicant for bail.
1 provisions across 1 enactments
Languriya
State of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
