Be ILR allows bail under Sections 37 and 52-A NDPS Act, citing procedural infirmities in drug recovery and absence of prior criminal history in custody since 28.12.2023.
Applicant released on bail with sureties under bond and conditions to attend hearing, avoid reoffending, and tamper with evidence.
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.
Neutral Citation No. - 2024:AHC-LKO:64359
Court No. - 12
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4596 of 2024
Applicant :- Amit Tiwari Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. Counsel for Applicant :- Gulam Mustafa Counsel for Opposite Party :- G.A.
Hon'ble Pankaj Bhatia,J.
the case of Yusuf @ Asif v. State; Criminal Appeal No.3191 of 2023 decided on 13.10.2023.
(a) The applicant shall execute a bond to undertake to attend the hearings;
(b) The applicant shall not commit any offence similar to the offence of which he is accused or suspected of the commission; and
(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.
Order Date :- 18.9.2024
VNP/-
Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether bail should be granted despite recovery claims exceeding commercial quantity where procedural mandations were not followed.
Whether violations of Section 52-A of the NDPS Act regarding sample collection and documentation satisfy the prima facie test under Section 37.
Whether the applicant satisfies the conditions of Section 37 of the NDPS Act given the infirmities in the recovery procedure.
Colour shows how this judgement treated each authority
Mohd Muslim @ Hussain v. State (NCT of Delhi)Referred¶11
Mohd Muslim @ Hussain v. State (NCT of Delhi); 2023 LiveLaw (SC) 260
Yusuf @ Asif v. StateReferred¶11
Yusuf @ Asif v. State; Criminal Appeal No.3191 of 2023
Ranjitsingh Brahmajeetsing Sharma vs. State of MaharashtraApplied¶13
Ranjitsingh Brahmajeetsing Sharma vs. State of Maharashtra, (2005) 5 SCC 294 · Who else cites this
4 provisions across 2 enactments
Amit Tiwari
State Of U.P.
Pankaj Bhatia
Vishvanath Prasad Shukla
As recorded by the court registry
3 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
