Allowed

Ravinder Singh v. Narcotics Control Bureau Lko.

Allahabad HC8 Feb 2024BAIL/1446/2024

Case brief

AI extract

What is this about?

The court allowed a bail application in an NDPS case where the applicant was linked to the offence solely through Section 67 co-accused statements. Relying on Tofan Singh, the court held these statements lack evidentiary value, coupled with no recovery from the applicant and no criminal history.

What did the court decide?

The applicant Ravinder Singh was released on bail to furnish a personal bond and two sureties.

Ravinder Singh vs Narcotics Control Bureau Lko. — Narcotics (NDPS) | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:46629

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Court No. - 12

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1446 of 2024

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Applicant :- Ravinder Singh Opposite Party :- Narcotics Control Bureau Lko. Counsel for Applicant :- Sachin Verma,Praveen Kumar Pandey Counsel for Opposite Party :- Akhilesh Kumar Awasthi

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Hon'ble Pankaj Bhatia,J.

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Heard learned counsel for the applicant and Shri Akhilesh Kumar Awasthi, learned counsel for the N.C.B. for the and perused the record.

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Counter affidavit filed today on behalf of the respondent N.C.B. is taken on record.

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The accused-applicant seeks bail in Case Crime No.21 of 2022 under sections 8(C)/ 20/ 29 of the N.D.P.S. Act, Police Station - N.C.B., Lucknow, District Lucknow.

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In terms of the complaint filed against the co accused Sanjay Singh, it was alleged that on the basis of the information received, a search was carried and from the co accused Sanjay Singh, 45 packets of Ganja was recovered. The weight of the said packets were disclosed in the recovery memo. The said goods, were allegedly been transported in a tanker intercepted by the N.C.B. Subsequently, after about one year of the alleged interception, the applicant was linked with the offence in question based upon the statement of the co accused recorded under Section 67 of the N.D.P.S. Act.

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Learned counsel for the applicant argued that no recovery was effected from the applicant and

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the applicant has been linked with the offence in question, solely based upon the statement recorded under Section 67 of the N.D.P.S. Act which is not admissible as it has no evidentiary value in view of the law laid down in the case of Tofan Singh Vs. State of Tamilnadu : AIR 2020 SC 5592. He further argued that the applicant is in custody since 21.9.2023 having no criminal history, hence the applicant may be enlarged on bail.

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In terms of the arguments as raised above, Shri Awasthi opposed the prayer for bail by arguing that on the basis of the the statement of the co accused recorded under Section 67 of the N.D.P.S. Act as well as the confessional statement of the applicant, the applicant has been linked with the offence in question. Even the C.D.R. links the applicant with the offence in question, as such the bail application should be rejected.

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Considering the fact that the applicant was linked with the offence in question based upon the statements recorded under Section 67 of the N.D.P.S. Act and no recovery was effected from the applicant; apart from the two statements recorded under Section 67 of the N.D.P.S. have no evidentiary value in view of the law laid down in the case of Tofan Singh Vs. State of Tamilnadu : AIR 2020 SC 5592 and even the C.D.R. do not link the applicant with the apprehended goods, the applicant is in jail since 21.9.2023 having no criminal history, I am of the view that the applicant is entitled to be released on bail.

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Accordingly, the bail application is allowed.

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Let the applicant Ravinder Singh be released on bail in aforesaid first information

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report number subject to his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court below 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 :- 9.7.2024

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Shukla

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Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench

Ravinder Singh v. Narcotics Control Bureau Lko.

Case brief

What is this about?

What did the court decide?

Ravinder Singh v. Narcotics Control Bureau Lko.

Case brief

What is this about?

What did the court decide?

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