The High Court of Judicature at Allahabad allowed a bail application filed under the NDPS Act. The court relied on unrefuted arguments regarding procedural violations and lack of forensic evidence without observing merits on record.
Released on bail by furnishing a personal bond and two sureties with specific 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. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 58977 of 2022
Applicant :- Sumit Rathi Opposite Party :- State of U.P. Counsel for Applicant :- Vaishali Sahu 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.216 of 2021 at Police Station-GRP Prayagraj, District-Prayagraj under Sections 21/22 of NDPS Act. The applicant is in jail since 09.09.2021.
The bail application of the applicant was rejected by the learned trial court on 07.07.2022.
The following arguments made by Ms. Vaishali Sahu, learned counsel on behalf of the applicant, which could not be satisfactorily refuted by Shri Chandan Agrawal, learned AGA from the record, entitle the applicant for grant of bail:
(1). 110 gram Alprazolam 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 quantity of the prohibited substance is exaggerated as inaccurate instruments have been used for
weighment. The recovered substance is in fact below the commercial quantity notified 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- Sumit Rathi 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 :- 8.2.2023 Dhananjai
Digitally signed by :- DHANANJAI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the criminal miscellaneous bail application under the NDPS Act warrants grant of bail.
Sumit Rathi
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
