Allowed

Sudhir Kumar @ Satish v. State of U.P.

Allahabad HC26 Jul 2023BAIL/6834/2023

Case brief

AI extract

What is this about?

The High Court allowed a bail application in a drug case where heroin was recovered during a search allegedly conducted without a Gazetted Officer or independent witnesses, violating Section 50 and 51 of the NDPS Act. Relying on Supreme Court precedents, the court found reasonable grounds to believe the applicant was not guilty and granted bail with personal bonds and sureties.

What did the court decide?

Released on bail in Case Crime No. 358 of 2022 under Sections 8/18/21/22 of the NDPS Act by executing a personal bond and furnishing two reliable sureties.

Sudhir Kumar @ Satish Vs State of U.P. — Narcotics (NDPS) | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:149980

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Court No. - 75

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6834 of 2023

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Applicant :- Sudhir Kumar @ Satish Opposite Party :- State of U.P. Counsel for Applicant :- Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A.

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Hon'ble Pankaj Bhatia,J.

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1. Heard learned counsel for applicant, learned AGA and perused the record.

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2. The FIR in question was lodged alleging that on the search of the applicant 410 grams of heroin was allegedly recovered from the applicant.

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3. The counsel for the applicant argues that the search was not carried out in the presence of any Gazetted Officer, thus, there was a violation of Section 50 of the NDPS Act. He further argues that even the mandatory conditions of Section 51 of NDPS Act read with Section 100 Cr.P.C. were not followed as there were no independent witnesses to the search, he places reliance on the judgment of the Supreme Court in the case of Mohd. Muslim @ Hussain vs. State (NCT of Delhi); 2023 LiveLaw (SC) 260 to argue that in the absence of any recovery in the presence of a Gazetted Officer, there are reasons to believe that the applicant may not be held guilty at trial. He further argues that the applicant has no criminal antecedents. Thus, in view of the law laid down by the Supreme Court in the case of Ranjitsing Brahmajeetsing Sharma vs. State of Maharashtra & Anr. (2005) 5 SCC 294 (NDPS twin condition), there are reasons to believe that the applicant if enlarged on bail, will not commit the offence in future. The applicant has no criminal history and the applicant is in jail since 25.12.2022.

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4. The learned AGA opposed the bail application by arguing that the recovery is more than the commercial quantity.

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5. Considering the submissions made at the bar, prima facie the recovery not being in terms of mandate of Section 50 NDPS Act or in terms of the mandate of Section 51 NDPS Act read with Section

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100 Cr.P.C., are enough to record a reasonable believe that the applicant may not be held to be guilty. In view of the law laid down in the case of Mohd Muslim (supra) . As the applicant has no criminal antecedents the second of the twin conditions prescribed under Section 37 NDPS Act is also satisfied, I am of the view that the applicant is entitled to be released on bail.

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6. Accordingly, the bail application is allowed .

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7. Let the applicant- Sudhir Kumar @ Satish be released on bail in Case Crime No. 358 of 2022, under Section 8/18/21/22 of the NDPS Act, Police Station- Shamshabad, District- Agra on his furnishing personal bonds and two reliable sureties of the like amount each to the satisfaction of the court concerned with the following conditions:

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(a) The applicant shall execute a bond to undertake to attend the hearings;

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(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and

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

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Order Date :- 26.7.2023 Kalp Nath Singh

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Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad

Sudhir Kumar @ Satish v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sudhir Kumar @ Satish v. State of U.P.

Case brief

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What did the court decide?

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