Bail application in an NDPS case involving alleged recovery of 13.8 kg opium, a commercial quantity. The court found the applicant's case distinguishable from a co-accused granted bail earlier and rejected bail.
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Neutral Citation No. - 2024:AHC-LKO:50137
Court No. - 32
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12583 of 2023
Applicant :- Kaushar Husain Opposite Party :- Union Of India (N.C.B.) Lko. Counsel for Applicant :- Parmanand Gupta Counsel for Opposite Party :- Akhilesh Kumar Awasthi
Hon'ble Brij Raj Singh,J.
1. Case has been taken up through Video Conferencing.
2. Sri Parmanand Gupta, learned counsel for the applicant has refused to file supplementary affidavit though this Court vide order dated 23.05.2024 has granted him ten days' time to file supplementary affidavit.
3. Heard Sri Parmanand Gupta, learned counsel for the applicant and Sri Akhilesh Kumar Awasthi, learned counsel for opposite party/Union of India (N.C.B.) Lucknow.
4. The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.18 of 2020, under Sections 8/18,29 NDPS Act, Police Station NCB Mahanagar, District Lucknow.
5. It has been submitted by learned counsel for the applicant that applicant has been falsely implicated in the present case as the alleged recovery of 13.8 Kg. Opium was made only in the presence of officials. Learned counsel for the applicant has further submitted that only two witnesses have been examined till date and there is no possibility of trial being concluded in near future. The recovery of 13.8 Kg. Opium is highly doubtful from the possession of the applicant for the reason that there is no independent witness in the case. It has also been submitted by learned counsel for the applicant that co-accused, Rajneesh Kumar Gupta, who is the owner of the Truck, has been granted bail by a coordinate Bench this Court vide order dated 13.01.2022 passed in Criminal Misc. Bail Application No.4093 of 2021, therefore, the applicant is also entitled for bail. Apart from it, the applicant is in jail for the last two and a half years.
7. After hearing learned counsel for the parties and looking into overall facts and circumstances of the case as well as the argument that 13.9 Kg Opium was recovered from the possession of the applicant, which is above the commercial quantity; the argument that two witness have been examined before trial court; the argument that applicant is arrested on the spot and the argument that the case of the applicant is distinguishable from the case of co-accused, Rajneesh Kumar Gupta because the alleged recovery was found from the possession of the applicant and not from the possession of co-accused Rajneesh Kumar Gupta, I am of the opinion that applicant is not entitled to be released on bail.
8. Accordingly, the bail application is rejected .
(Brij Raj Singh, J.)
Order Date :- 24.7.2024 dk/
Digitally signed by :- DEVENDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to bail for alleged possession of 13.8 kg opium (commercial quantity) under the NDPS Act.
3 provisions across 2 enactments
Kaushar Husain
Union Of India (N.C.B.) Lko.
Brij Raj Singh
As recorded by the court registry
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