Allowed

Ahsan Afzal Khan @ Raja v. State of U.P. Thru. Prin. Secy. Civil Sectt. Govt. Lko

Allahabad HC16 May 2024/3472/2024

Case brief

AI extract

What is this about?

The Allahabad High Court granted bail to the applicant in an NDPS case, noting discrepancies in forensic procedures and lack of Section 50 compliance, but declining to opine on case merits due to the ease of release.

What did the court decide?

The applicant is released on bail upon furnishing a personal bond with two reliable sureties and compliance with specific conditions regarding court appearances and avoiding adjournments.

Ahsan Afzal Khan @ Raja Vs State of U.P. Thru. Prin… — Narcotics (NDPS) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:37630

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Court No. - 21

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3472 of 2024

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Applicant :- Ahsan Afzal Khan @ Raja Opposite Party :- State Of U.P. Thru. Prin. Secy. Civil Sectt. Govt. Lko Counsel for Applicant :- Kaustubh Singh,Mohd Tanveer Raza Counsel for Opposite Party :- G.A.

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the applicant, who has filed a supplementary affidavit, which is taken on record and learned AGA for the State-respondent.

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By means of the instant bail application, the applicant seeks bail in respect of FIR/Case Crime No.0078/2024, under Sections 8, 21, 29, 60 of the NDPS Act, Police Station Gomtinagar, District Lucknow.

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The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the instant case.

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It is urged that as per the allegations contained in the FIR, it is alleged that the applicant along with two other co-accused were attempting to deal and sell certain prohibited contraband items.

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It is further stated that from the possession of the applicant some packet which contained some crystal substance was recovered. Upon examining the same, the prohibited substance was reeking and it is further pointed out that upon questioning the applicant stated it was MDMA Drug which he along with the co-accused had come to sell as number of youngsters use this substance.

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It is further urged that apparently the applicant has been framed as there is no mention as to whether the said substance has been sent for Forensic Science Laboratory and nowhere it has been stated that some part of the substance recovered was taken as a sample and was sent for examination. Also, compliance of Section 50 of NDPS Act has not been done. Even otherwise, the only available material is self incriminating statement of the applicant which is not admissible in law.

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It has further been submitted that the other co-accused have

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already been enlarged on bail and the applicant has already indicated his previous history in Paragraphs 24 to 26 of the bail application and the bail orders have also been annexed with the bail application.

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Learned A.G.A., on the basis of material in the case diary available with him, has opposed the prayer for bail, however, it has been submitted that the applicant was apprehended with contraband items. It has further been submitted that the contraband recovered was sent for examination, however, he could not dispute that no report has been submitted till date. It has also not been indicated that from the substance recovered from the applicant, how much was measured and sent for examination. Neither the issue of compliance of Section 40 of the NDPS Act has been adequately explained. However, learned AGA could not dispute the fact that the other co-accused have already been granted bail.

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Considering the rival submissions, the facts and circumstances of the case and the material available on record and as well as considering the nature of allegations and accusation against the applicant, the severity of the punishment if convicted and the period of incarceration as well as the fact that no apprehension has been expressed by the learned AGA that the applicant is at the risk of fleeing justice or that he would tamper with evidence or influence any witness, hence, at this stage, without expressing any opinion on the merits of the case, this Court is of the view that the applicant is entitled to be released on bail.

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Let the applicant Ahsan Afzal Khan @ Raja involved in the aforesaid FIR/Case Crime Number be released on bail on his furnishing a personal bond with two reliable sureties each in the like amount to the satisfaction of the court concerned.

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At the time of executing required sureties the following conditions shall be imposed in the interest of justice.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

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(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

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(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

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(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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Order Date :- 16.5.2024 Rakesh/-

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Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench

Ahsan Afzal Khan @ Raja v. State of U.P. Thru. Prin. Secy. Civil Sectt. Govt. Lko

Case brief

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What did the court decide?

Ahsan Afzal Khan @ Raja v. State of U.P. Thru. Prin. Secy. Civil Sectt. Govt. Lko

Case brief

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